Protecting Your Brand: Trademark and NIL Rights for Athletes

By: Lindsay E. Lane, Esq.

July 2, 2026

In today's sports world, an athlete's name, image, and likeness (NIL) have become valuable commercial assets. NIL is rooted in right of publicity (RoP) law, giving athletes the exclusive right to control and profit from the commercial use of their identity (e.g., name, nickname, image, signature, jersey number, and even signature gestures). It is protected under state laws, and the scope and duration vary widely by state as there is no federal right of publicity law.

Changes to NIL rules have created unprecedented opportunities for athletes to capitalize on their personal brand by securing endorsement deals, selling merchandise, developing personal logos, licensing their likeness, and even monetizing distinctive nicknames and catchphrases.

As athletes build and create businesses around their identity, their brands extend far beyond the playing field. The brands are no longer merely personal identifiers, they are valuable intellectual property capable of generating substantial revenue, fostering consumer recognition, and creating long-term business opportunities. From college athletes signing their first endorsement agreements to professional athletes launching apparel lines and other ventures, those who take steps to protect their brand early are better positioned to maintain control, prevent unauthorized use, and maximize the value of their success. Understanding the relationship between NIL rights and trademark protection is therefore essential for any athlete seeking to build, protect, and sustain a lasting legacy.

Why NIL Rights Alone Are Not Enough

NIL rights allow athletes to commercially profit from their name, image, and likeness. However, those rights do not automatically provide exclusive legal protection against others using similar brand identifiers in connection with specific products and services. For example, if an athlete adopts a nickname, logo, or slogan but does not obtain trademark protection, another party may be able to use, or even seek trademark rights in, a confusingly similar brand identifier for the same or related goods or services. This gap in protection can leave athletes vulnerable to losing control over valuable aspects of their personal brand and limit their ability to prevent unauthorized commercial use.

Trademark law fills this gap by providing legal protection for the names, logos, slogans, and other brand identifiers that distinguish an athlete's products and services in the marketplace. Many athletes expand beyond their sport by launching apparel lines, training programs, camps, charitable foundations, podcasts, and branded merchandise, and their personal brand becomes an increasingly valuable business asset.

Registering a trademark gives athletes exclusive rights to use their brand in connection with the goods and services covered by the registration. It also operates as a powerful legal tool to prevent counterfeiters, unauthorized sellers, business partners, and other third-parties from exploiting or profiting from the athlete's identity and goodwill without permission.

Risks of Not Registering a Trademark

Failing to secure trademark protection can lead to serious consequences for athletes:

Counterfeit Merchandise Becomes A Problem

Without a registered trademark, it becomes difficult to remove fake jerseys, hats, or gear from online marketplaces. These knockoffs not only reduce potential earnings but also damage the athlete’s reputation. Fans are willing to invest in authentic merchandise, yet many unknowingly purchase counterfeit items instead. The result is frustrated customers, complaints about product quality, and growing hesitation about the legitimacy and credibility of the brand.

Brand Deals Become Complicated

Sponsors and investors look for brands with clear legal ownership and exclusive rights. A registered trademark demonstrates that an athlete has taken steps to protect their brand, making it more valuable, credible, and defensible. This added protection can increase confidence among potential partners, strengthen negotiating leverage, and make it easier to secure sponsorships, licensing opportunities, and other commercial deals.

How to Protect Your Brand with Trademarks

Athletes can take several practical steps to protect their brand:

Register your name and nicknames

Start by taking the steps to legally protect your trademarks (e.g., your legal name, nicknames, slogans, etc.) that you use professionally as brand identifiers. This prevents others from registering these marks and protects your identity.

Trademark logos and slogans

If you have a personal logo or a catchphrase, register these as trademarks. This legal protection stops others from using similar marks that could confuse fans or customers.

Work with experienced legal counsel

Trademark law can be complex. Hiring an attorney who specializes trademark law ensures your trademarks are properly filed, monitored, and enforced.

Monitor and enforce your rights

After registration, actively watch for unauthorized use of your marks. Take swift action against counterfeiters or infringers to maintain control.

NIL Rights and Trademark Protection Work Together

NIL rights allow athletes to profit from their identity, but trademarks give them the legal tools to protect that identity. Combining both ensures athletes can:

• Monetize their brand confidently

• Prevent unauthorized use and counterfeit products

• Build strong partnerships with sponsors and companies

• Maintain long-term control over their name and image

  
  

Athletes who treat trademark registration as part of their overall brand strategy gain a competitive edge in the marketplace.

What Every Athlete Should Do Next

If you are an athlete looking to build and protect your brand, start by:

Assessing your current use of your name, image, and likeness

Identify what parts of your identity you want to protect.

Consulting with a trademark attorney

Get professional advice on registering your marks and navigating NIL rules.

Registering trademarks early

Don’t wait until your brand gains value. Early registration prevents others from claiming your identity.

Educating yourself on NIL and trademark laws

Understanding your rights helps you make informed decisions and avoid costly mistakes.

Taking these steps will help you lock down your brand and keep control over your most valuable assets: your brand name, logs, and slogans that your fans come to recognize and trust because of you.

If you're ready to protect your brand, schedule a call with us here.