Introduction:

Yusuf Dikec, a silver medallist in the Mixed Air Pistol event at the 2024 Paris Olympics, has not only made waves in the competitive sports arena but is now pushing the boundaries of intellectual property law. His attempt to trademark his viral shooting stance is a fascinating blend of personal branding and legal strategy. This groundbreaking effort demonstrates how sports and branding can converge in unprecedented ways, challenging traditional notions of intellectual property in sports.

Dikec's trademark journey is more than just a legal battle; it's a pivotal moment in the sports industry. By seeking to protect his stance, he is opening doors for athletes to brand themselves beyond conventional methods, leveraging personal styles and movements as assets. With the advent of digital platforms and NFTs (non-fungible tokens), Dikec’s stance could even be turned into a digital certificate of authenticity, allowing him to further enhance its commercial value. This innovative intersection of sports, law, and digital assets could set a precedent for how athletes monetize their uniqueness in the evolving digital economy.

Trademark Law Fundamentals Unveiled: 

Trademark law serves as a powerful tool to protect unique signs, symbols, or designs, distinguishing them as exclusive identifiers for products or services. For Dikec, the challenge lies in proving that his shooting stance is not only a functional element of his sport but also distinct and original enough to qualify for trademark protection. The legal journey revolves around three primary elements:

1. Proving Distinctiveness:

For Dikec to succeed, he must prove that his shooting stance is inherently distinctive and clearly associated with him. Trademark law demands that a trademarked stance must stand out from the generic postures commonly used in sports. If Dikec’s stance is too similar to conventional shooting poses, his application may be denied. This distinctiveness must be so strong that when people see the stance, they instantly think of Dikec, much like Michael Jordan's "Jumpman" logo.

2. Asserting Originality:

To achieve trademark status, Dikec’s stance must transcend its functional role in the sport. If the stance is viewed as providing a competitive advantage or merely serving a practical function, it may be rejected on the grounds of functionality. Originality, in this case, must be rooted in creativity and branding rather than utility.

3. Graphical Representation:

One of the key hurdles in registering an unconventional trademark like a stance is providing a clear, detailed graphical representation. This involves precise descriptions and visuals to ensure the stance is identifiable and distinguishable from similar moves. For Dikec, this may mean submitting a variety of media, including images or sketches, to showcase his stance in a way that ensures no confusion with other athletes’ actions.

Unconventional trademarks such as colours, smells, or even sounds face similar challenges in achieving registration, as they must be clearly defined to avoid confusion. Whether it's an iconic pose or a specific colour combination, clarity and uniqueness in graphical representation are essential for trademark success.

Some Examples of Trademark in Sports:

• Dikec’s effort to trademark his stance joins a growing list of athletes who have successfully utilized intellectual property laws to protect their personal brands. Here are some notable examples:

   

1. Michael Jordan’s Jumpman Logo:

Jordan’s iconic leaping silhouette, featured on Nike’s Air Jordan apparel, is perhaps the most famous example of an athlete securing a trademark for a personal pose. The Jumpman logo has become a global symbol, showcasing how an athlete’s stance can transcend sports and become a commercial powerhouse.

2. Jerry West’s NBA Logo Stance:

While Jerry West himself did not register the logo, his silhouette has been immortalized in the NBA’s branding. His stance is recognized worldwide and has become synonymous with the league, demonstrating the lasting impact an athlete’s image can have on sports branding.

3. Usain Bolt’s Lightning Pose:

Usain Bolt’s "lightning bolt" victory pose has become iconic. Bolt has successfully trademarked this celebratory move in multiple countries, including Jamaica, the U.S., China, and the EU. His ability to monetize and protect his stance underscores the growing trend of athletes turning personal gestures into marketable assets.

4. Cristiano Ronaldo’s CR7 Brand:

Ronaldo has trademarked not only his name but also his initials and jersey number (CR7). His celebratory pose, alongside his signature branding, has helped him build a global empire.

5. Gareth Bale’s “Eleven of Hearts” Gesture:

Bale trademarked his distinctive heart-shaped hand gesture, which has become part of his personal branding. This move has been used on merchandise, including hats and jewellery, further emphasizing how trademark law can be applied to celebratory actions.

These examples highlight how athletes can effectively use trademark law to secure their place in sports history and monetize their unique qualities. However, securing these trademarks is often difficult, as they must meet the criteria of distinctiveness, graphical representation, and source identification.

• Legal Challenges and Strategic Considerations:

As Dikec ventures into the world of international trademark law, he faces a multitude of legal challenges. Trademark laws are territorial and differ from country to country, and each jurisdiction sets its own standards for distinctiveness and originality. Dikec will need to develop a strategic approach to navigate these complexities.

Beyond registration, proactive monitoring and enforcement are crucial. Trademark protection is not just about securing the initial registration; it requires continuous vigilance to prevent unauthorized use. Athletes like Dikec must be prepared to enforce their trademark rights globally, especially in today’s interconnected world where digital platforms make it easier for others to replicate and misuse distinctive elements.

Dikec’s potential use of NFTs adds another layer of complexity, as it introduces a new realm for trademark protection. NFTs can be used to authenticate and monetize digital assets, including personal gestures, but they also open up new challenges in terms of legal enforcement, licensing, and intellectual property rights.

• Conclusion:

Yusuf Dikec's quest to trademark his shooting stance represents a pivotal moment in the evolving relationship between sports and intellectual property. His journey could set a precedent for how athletes use trademark law to protect not just their names or logos, but their unique physical gestures and movements. While many athletes have successfully secured trademarks for their poses, Dikec’s case highlights the significant challenges in doing so, particularly in terms of proving distinctiveness and originality.

As athletes continue to build personal brands that extend beyond the field, court, or arena, intellectual property law will play an increasingly important role. Dikec’s effort showcases how athletes can leverage both traditional trademark protections and emerging digital technologies like NFTs to safeguard their unique qualities and monetize them in new and innovative ways.

Ultimately, Dikec’s case will likely influence future legal developments in sports branding and trademark law. His groundbreaking attempt to protect his shooting stance highlights the broader trend of athletes expanding their brand portfolios and capitalizing on their distinct personal styles. Whether or not Dikec’s trademark is approved, his initiative has already opened the door for athletes to explore new avenues for protecting and commercializing their personal brands in the modern, digital landscape. This bold move may pave the way for a new era in sports where physical movements become as valuable and protected as names and logos.

-  Geet Thakar, Associate

Solomon & Co. 

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About Solomon & Co.

Solomon & Co., Advocates & Solicitors (Firm) was founded in 1909 and is amongst India’s oldest law-firms. The Firm is a full-service law firm that provides legal service to Indian and international companies and high net-worth individuals on all aspects of Indian law. 

“Disclaimer”

The information contained on this article is intended solely to provide general guidance on matters of interest for the personal use of the reader, who accepts full responsibility for its use. The application and impact of laws can vary widely based on the specific facts involved. As such, it should not be used as a substitute for consultation with a competent adviser. Before making any decision or taking any action, the reader should always consult a professional adviser relating to the relevant article posting.