Cold Palmer and beyond: motion marks as the athlete's newest brand asset

Athletes’ interest in protecting their images and likenesses is not new. Fred Perry is widely considered to be the first to have taken this step when he registered a trade mark for his signature in 1965^[1]. Since then, athletes and their commercial partners have sought to protect a range of words and images to enhance their commercial footprints. Arguably most famously and almost certainly most lucratively, Nike’s registration of the “Jumpman” logo in 1989^[2] depicting Michael Jordan, gave rise to one of the most successful clothing and footwear brands in sport. More recently, Luke Littler applied to have his likeness registered, in part to prevent his face being misused by generative AI; a host of athletes have filed applications to trade mark their signature celebrations^[3]. Prominently, Cole Palmer^[4] has pioneered the use of a motion mark to register his “Cold Palmer”^[5] celebration.  

This article considers the legal requirements for a registration of a motion mark in the UK, the protection afforded by such marks and how athletes have operationalised their marks as brand assets. It also explores how motion mark registrations could be used in the context of sports moves and tricks and the necessary limitations to such registrations.

Article overview

• What is a motion mark?
• What is protected?
• Athletes and brand exploitation
• Signature moves and tricks as motion marks