Isn’t it fascinating how a simple pose can capture the whole world’s attention? Turkish Olympic shooter Yusuf Dikec, who won a silver medal in the mixed team 10m air pistol event at the 2024 Paris Olympics, went viral for his casual and stylish pose during the competition. His relaxed stance, with one hand in his pocket and without any special equipment like ear protection or specialized glasses, captured the global audience’s attention. Dikec explained that his unique pose helps him maintain stability and balance while shooting.
Due to the popularity of his pose, Dikec has decided to trademark it to prevent others from benefiting from his image without his permission. His coach stated that they discovered multiple unauthorized attempts to register it, prompting them to file the trademark application in Turkey. Dikec also wanted to protect and control the commercial use of his pose, as many businesses were selling memorabilia featuring it. His pose has been widely imitated by fellow athletes and even other celebrities!
Securing a trademark allows Dikec to control the use of his pose on merchandise such as T-shirts, mugs, and other memorabilia, which can be a significant source of revenue. Additionally, he can create licensing agreements that grant third parties the right to use the pose in exchange for payments. Securing a trademark for the pose helps in brand building by associating Dikec’s image with a specific, recognizable symbol. This could increase his marketability and open up avenues for sponsorships and endorsements.
While trademarking a pose can be seen as a clever marketing strategy, it might also face criticism for being excessively restrictive or commercial. Striking a balance between business interests and public goodwill is essential. However, it is not uncommon for poses to be trademarked. A well-known example is Michael Jordan’s “Jumpman” logo, inspired by his famous dunking pose. Similarly, Usain Bolt has moved to trademark his “Lightning Bolt” pose. These cases set a precedent for trademarking identifiable and distinctive poses linked to famous public figures.
While the idea of trademarking a pose might seem straightforward, the actual process can be quite complex and challenging. In Dikec’s case, he would need to prove that his pose is distinctive enough to warrant trademark protection. This can be challenging, especially if similar poses are commonly used in the sport. He must demonstrate that the pose is used in a commercial context, which can be tricky if it’s primarily known through media coverage rather than direct commercial use.
Moreover, trademark protection is territorial, meaning it only applies in the countries where it is registered. Enforcing it globally can be challenging. Since his pose may not be considered a well-known mark, Dikec will need to file applications worldwide through the Madrid Protocol for international protection. The Madrid Protocol is a global framework that permits the registration of trademarks in several nations with a single application. However, unauthorized use in various jurisdictions may necessitate legal action in each respective country, which can be costly and time-consuming.
Despite these challenges, Dikec’s move to trademark his viral Olympic pose is a well-calculated strategy to protect and capitalize on his unique image. Legally, the pose appears to meet the criteria for trademark protection, and existing examples support its eligibility. However, enforcing the trademark and handling public opinion will be key challenges.
Author’s comments
Dikec’s decision to trademark his viral Olympic pose is a strategic move. By securing a trademark, Dikec not only protects his unique image but also opens up numerous commercial opportunities. Dikec’s trademark case is a fascinating example of how intellectual property law adapts to new forms of expression and recognition. It highlights the potential for athletes and public figures to protect and capitalize on their unique images, ensuring that their contributions to culture and sport are both recognized and respected. This case underscores the importance of distinctiveness and recognition in the realm of trademarks, demonstrating that even a simple pose can become a valuable asset when it captures the public’s imagination.
Written by Sunil Jose
Founder & Managing Attorney, SUNS LEGAL
Written by Aathmaja Menon
Trainee Associate, SUNS LEGAL
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