Industry News

Sports and Intellectual Property

Published

5 years ago

July 23, 2019

George Miller

Reading Time: 4 minutes

Intellectual Property (IP) law has a vast domain, and that even stretches to include the world of sports.

While at first this may seem strange, you only need to think for a moment about all of the creative aspects that go into sports. There’s actually a great deal of protectable intellectual property in many different areas.

To go over a few of the ways that intellectual property matters in sports, we’ll touch upon four of the most notable areas: technology, branding, design and licenses/sponsorships.

Technology

Sports technologists are constantly developing better sports equipment with creative and innovative designs and concepts to enhance performance and make the products safer, better and more effective.

From swimsuits to tennis rackets, there is always something that can be improved with cutting-edge ideas that qualify for IP protection, spurring inventors to learn how to patent an idea and ensure the rights to their ingenuity.

As long as the idea that a technologist introduces is truly novel and revolutionary, it is just as eligible for a patent as inventions in other fields.

Previous innovations that were rewarded with patents include:

Progressive replacement and upgrades of materials (wood/rubber/twine to complex materials with alloys and polymers)
Sleeker surfboards
More efficient and comfortable gloves for goalkeepers
Aquatic wheelchairs
Sports drinks and supplements

Having patents as such a significant part of athletics is one of the incentives for creative minds to continuously improve equipment and make for a better, more efficient performance by competitive players.

Branding

While patents are one of the more intense and official aspects of intellectual property, other forms of protection like trademarks for elements of brandings are also applicable to the world of sports.

J.D. Houvener, a New York patent attorney, stresses the importance of IP law outside of patents:

“While I’m obviously an advocate for patents and find that to be one of the most exciting parts of entrepreneurship, I also can’t emphasize the importance of other IP law enough. Trademarks, copyrights and trade secrets are all major parts of protecting your brand and creative property, so they deserve some attention as well.”

Brands create value for a particular business and help consumers distinguish between products based on reputation and recognition. Successful branding can lead to customer loyalty and even premium pricing, especially in terms of sponsorship deals and merchandising.

Some famous examples of branding in the sports industry include:

Recognized names like “Wilson” or “Sketchers”
Recognized symbols like the Nike swoosh or the Adidas stripes
Recognized organizations like the NBA in the U.S. or Manchester United in the U.K.
Recognized sponsors at major events like the FIFA World Cup or the Olympic Games
Recognized nicknames/poses/slogans of famous athletes like Usain Bolt’s “to di world”

Just like in any other industry, trademarks can help athletes, sports organizations and athletic companies protect what makes their brand unique and recognizable.

Design

Much like with branding, there is also a heavy importance on protecting original design ideas in the world of sports.

Design in athletics can range from a variety of different images and aesthetics that impact the appearance and style of things like shoes, bags, swimsuits and more. The attractive and appealing aspects of sportswear and gear are just as important as other areas of fashion and equipment, particularly when it comes to commercial value.

It all boils down to competition, much like the rest of the global marketplace. A product with a sleek and attractive design will be more marketable than a product of equal function and quality that is less exciting or appealing.

For this reason, companies race to claim and invest in new and creative designs that mirror trends in consumer taste and interest so that they can obtain intellectual property rights over them.

Plus, aside from aesthetic purposes, designs can also play a role in enhancing performance. Lighter, more durable and more comfortable designs and products will win consumers over when they make their decisions, and having a right to those successful designs makes an enormous difference in sales and profit.

Licenses & Sponsorships

Lastly, sports organizations can significantly boost income potential through licensing patents, trademarks and copyrights while still maintaining overall ownership.

Ultimately, this means the original owner of the protection still has claim to that patent, trademark or copyright, but that they sold the rights to another party, giving them permission to produce the idea in exchange for a price.

A trademark license defines the legal relationship between the trademark owner and a producer. The licensee will manufacture and distribute the product with the trademarked concept (such as a name or logo) while the licensor will oversee product quality to uphold the trademark’s reputation.

A technology license is a similar concept that pertains more to equipment-related ideas. Companies who license out their technologies can enjoy a boost in income from wider production and distribution while companies who license in can produce and sell the latest equipment development and maintain competitive drive.

Sponsorship gives a marketing opportunity to companies hoping to capitalize off major sporting events like FIFA World Cup. Sponsors typically gain the rights to brand association, media exposure and other perks depending on their level of sponsorship and the event in question.

In Summary

When most people think of sports, they likely think of the players and the game before anything else. That said, there are still many other areas that are crucial parts of the athletic industry, and intellectual property is a big deal to those areas.

With innovative technology for gear and equipment, branding for teams and companies, original designs for new materials and licenses/sponsorships, the need for IP law is never-ending.

For more great content on sports and gaming, be sure to keep up with our other regular postings!

Article written by: Katherine Lutz. A graduate of Florida State University, Katherine (Tori) Lutz is a Florida native currently living in Brooklyn, New York. Since graduating, she has made a career out of freelance work and published through a variety of outlets in many industries.

Industry News

SKS365 keeps investing in people: GROW People Management Program took the next level

Published

7 hours ago

April 24, 2024

Peter Tolan

Reading Time: < 1 minute

11 experienced people managers from the SKS365 group’s 4 locations gathered last week in Belgrade for the new GROW People Management Program. From 15 th to 19 th of April, through trainings, discussions, and social connections, people had the opportunity to further grow individually and as a team, while enjoying Belgrade’s city center and rivers.

Created in 2023 with the purpose of building foundation people management skills across the organization, GROW initiative evolved this year by including a new, advanced program for experienced people managers to further consolidate their skills and prepare for future opportunities.

Building and fostering connections, sharing experiences, and enjoying team building experiences – all these activities have been part of the GROWpmp agenda for the 11 people managers coming from Commercial, Product and Development, Finance, and Sportsbook departments of the group’s 4 locations – Malta, Italy, Austria, Serbia.

GROWpmp included a variety of topics that people managers in SKS365 recognized as the key areas for management development. Topics such as influence through communication, team effectiveness, DEI, through to presentation skills and business topics like understanding finance and management reporting, were delivered with the support of external professionals and internal experts, while designed and organized by the SKS365 People & Culture team.

Industry News

Kindred’s Share of Revenue from High-risk Players Shows Slight Increase

Published

17 hours ago

April 24, 2024

Niji Narayan

Reading Time: < 1 minute

Kindred Group plc’s (Kindred) share of revenue from high-risk players showed a slight increase to 3.2% (Q4 2023 3.1%) in the first quarter of 2024. Compared to the first quarter of 2023, the high-risk revenue share decreased marginally. The percentage of detected customers who exhibited improved behaviour after interventions came in at 87.1% (compared to 87.4% in Q4 2023 and 83.0% in Q1 2023). This sustained trajectory in the improvement effect after interventions, observed over an extended period, serves as a testament to the strong dedication and collective efforts throughout the company. It reflects Kindred’s ongoing commitment to fostering positive change within the industry.

“We continue to see our share of revenue from high-risk players fluctuate quarter to quarter, and we are working closely with all teams across the company to support customers towards a more sustainable gambling experience. However, it is encouraging to see that our Journey towards Zero data has steadily decreased since 2020. A similar trend can be seen across the healthier gambling behaviour effect after interventions. This tells us two things: our work is paying off, but we need to continue to push ourselves to propel a sustainable progression,” Alexander Westrell, Director of Communications at Kindred Group, said.

“It was very encouraging to witness the open and transparent discussions at the Sustainable Gambling Conference in London on 20 March, where those with lived experience shared their important stories. Also, it is evident that technology is moving forward, and will provide greater opportunities to detect and intervene in the future. We hope to see more regulators engage with the industry and with experts to secure a more sustainable industry for everyone,” Alexander Westrell added.

Industry News

PENN Entertainment Names Aaron LaBerge as Chief Technology Officer

Published

18 hours ago

April 24, 2024

Niji Narayan

Reading Time: 2 minutes

PENN Entertainment announced that Aaron LaBerge has been named Chief Technology Officer (CTO) effective July 1, 2024, subject to customary regulatory approvals. Mr. LaBerge will report directly to PENN CEO & President Jay Snowden.

In his new role, Mr. LaBerge will be responsible for driving the technology strategy and execution for PENN, while leading the multinational team of technologists and serving as the key business leader for the company’s Interactive division.

Mr. LaBerge spent more than 20 years at The Walt Disney Company, in two stints separated by five and a half years as a technology entrepreneur. He was most recently President & Chief Technology Officer for Disney Entertainment and ESPN where he was responsible for driving all technology and product development in support of The Walt Disney Company’s two media divisions. In that role, he helped set the vision and strategic leadership for how Disney uses technology to enable storytelling and innovation, drive its business, and create unparalleled consumer experiences with entertainment and sports content.

“We are thrilled to have someone of Aaron’s caliber join our PENN executive team. Having overseen a global organization of thousands of engineers, product developers, designers, technologists, and data scientists that created some of the largest scale and most successful media properties in the world, there is no better candidate to lead our Technology and Interactive division into its future. I know Aaron is looking forward to working with Todd George, our head of operations, and our entire Executive Team to continue growing our position as a leader in online gaming, sports betting, and digital sports media,” Mr. Snowden said.

“I’m excited to join another talented team at PENN Interactive and lead our technology strategy. PENN Entertainment is at the forefront of the fast-changing gaming and sports media industry. I plan to use my experience from Disney and ESPN to help make ESPN BET an essential piece of the sports fan experience. Together, we’ll push the limits and redefine how fans interact with sports and gaming,” Mr. LaBerge said.

Prior to his most recent role at the Walt Disney Company, Mr. LaBerge was Executive Vice President and Chief Technology Officer at ESPN from 2015 to 2018. At ESPN he played an instrumental role in the growth of ESPN’s consumer-facing digital media products and services – leading many of ESPN’s most ambitious and challenging projects and helping establish ESPN’s position as the leader in digital sports and innovative sports technology development. He was a key architect in the design, development, and engineering of ESPN’s state-of-the-art facilities in Bristol, CT; Los Angeles, CA; Charlotte, NC; and Austin, TX, as well as data centers and infrastructure that connect those facilities around the world, as well as the technology design and development to support the launch of the multi-platform SEC Network.

Between 2007 and 2012, LaBerge was co-founder and CEO of Fanzter, Inc. – a venture-funded consumer software and digital product development company. At Fanzter, he directed all day-to-day operations and led the development and launch of a variety of consumer-focused internet and mobile products, ground-breaking social and commerce technologies and more.