Bristows’ partner Paul Jordan and associate Sebastian Stewart have once again been featured in The Athletic (owned by The New York Times), offering commentary on the legal implications of premier league footballer Cole Palmer’s newly registered shivering goal celebration, and what it may signal for the future of brand protection in sport. 

The article examines the motivations behind trade marking celebrations, the increasing commercial sophistication of elite athletes, and whether such registrations may become more common in football. 

Speaking to The Athletic, Paul Jordan, partner and co-head of Bristows’ trade mark, designs and copyright group, clarified what Palmer’s registration actually protects: 

“He’d only be able to restrain commercial use of this particular gesture. So, to give a real-life example, if Declan Rice scores a goal and does the Cole Palmer celebration, Palmer wouldn’t be able to rely on his trade mark rights to stop him from doing it in the future.” 

“But that would be different if Declan Rice was, let’s say, promoting a TV brand through a commercial… that’s commercial exploitation and misuse of his mark.” 

Paul further commented on whether any other player could claim prior ownership of the celebration, noting that: 

“Any party with established prior rights – registered or unregistered – can object to a trademark application through UK IPO Opposition proceedings. In Palmer’s case, there was no such opposition suggesting no other player feels the celebration is proprietary to them.” 

The article also features insights from Sebastian Stewart, associate at Bristows, on why ownership of a celebration does not depend on who first performed it: 

“Under English law, ownership of a trade mark belongs to the person or company that registers the mark… regardless of who ‘created’ the mark.” 

Sebastian also highlighted the commercial potential of Palmer’s wider brand, including two further trade mark applications recently filed, including a figurative mark for “CP”: 

“I think something like that (the symbol) is probably going to have a lot more commercial value and potential across a much broader range of goods and services than the motion mark… having a distinctive logo, you could put on clothing, football boots, game covers – basically anything where he’s going to derive a lot more commercial value from.” 

The piece underscores the increasing importance for athletes of building and protecting their brand identities. A trend Bristows expects to see grow as celebrations, logos and monikers become part of broader commercial strategies. 

You can read the latest article here with the previous 10 November and 7 October articles available here and here respectively (subscription required). 

If you would like to discuss any of the issues raised, please get in touch with Paul or Sebastian.