Name, Image, and Likeness Trademarks

The explosion of name, image, and likeness (NIL) rights — particularly in college athletics following the NCAA's 2021 policy change — has created an entirely new landscape for personal brand protection. Athletes, influencers, content creators, and public figures are building commercial brands around their names, catchphrases, logos, and personas at an unprecedented pace. Federal trademark registration is one of the most powerful tools available to protect these valuable personal brands.

What NIL Means for Trademark Law

Name, image, and likeness rights allow individuals to profit from the commercial use of their identity. While NIL rights are rooted in state right-of-publicity laws, trademark registration provides an additional layer of federal protection that goes beyond what state law alone can offer. By registering a name, catchphrase, or personal logo as a trademark, an individual gains the legal presumption of nationwide ownership and the exclusive right to use that mark in connection with specific goods or services. This is particularly valuable for individuals whose commercial reach extends beyond a single state.

What Athletes and Influencers Can Trademark

Individuals can register a wide range of personal brand elements as trademarks. Personal names can be registered if they have acquired distinctiveness — meaning consumers associate the name with a particular source of goods or services rather than just the individual. Nicknames and stage names are often excellent trademark candidates. Catchphrases and slogans associated with the individual can be registered if they function as source identifiers. Personal logos and stylized name treatments are registrable as design marks. Jersey numbers combined with other distinctive elements may also qualify. The key question is always whether the proposed mark functions as a trademark — as a source identifier for goods or services — rather than merely as a reference to the person.

Building a Trademark Strategy for Personal Brands

For athletes and public figures, trademark strategy should be proactive rather than reactive. The best time to file is before the brand becomes widely valuable — waiting until a name or catchphrase goes viral means competitors, counterfeiters, and trademark squatters may have already begun filing conflicting applications. A comprehensive trademark strategy for a personal brand typically involves identifying the core brand elements (name, nickname, slogan, logo), conducting clearance searches for each, prioritizing filings based on commercial value and risk, selecting the appropriate classes of goods and services (common choices include apparel, athletic goods, endorsement services, entertainment services, and educational services), and planning for future expansion into additional product categories as the brand grows.

College Athletes and NIL Trademark Considerations

College athletes face unique considerations when building their trademark portfolios. The commercial window for many college athletes is relatively short, making early filing especially important. Athletes should consider trademarking their name (if distinctive enough), any widely recognized nickname or persona, catchphrases associated with their public identity, and any logo or design they use in connection with NIL deals. It is also important to review any agreements with the university, sponsors, or NIL collectives to understand whether there are restrictions on trademark ownership or licensing that could affect the registration strategy.

Enforcement and Monitoring for Personal Brands

Personal brands face particularly high risks of unauthorized use — from counterfeit merchandise to unauthorized social media accounts to domain squatters. A proactive monitoring program that watches for new trademark applications, domain registrations, and marketplace listings using the individual's name or brand elements is essential. When unauthorized use is detected, enforcement options include cease and desist letters, UDRP proceedings for domain disputes, marketplace takedown requests, and formal legal action when necessary.