12 Intellectual Property and Sports

Unlike a business that produces machinery or apparel, a league, team owner, college, or individual athlete does not need an engineering plant, heavy equipment, or a fleet of trucks to manufacture or transport its product. Instead, the leagues, teams, athletes, colleges, conferences, and independent tournaments possess rights to “intangible” property—the trademarked names, logo designs, and general rights to license and reproduce those items for merchandising purposes. Over the last quarter-century, the marketing and sale of the team names, designs, uniforms, and player images have constituted a lucrative revenue base.

The licensing and merchandising of sports properties has been transformed from a relatively ...

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