Will Cole Palmer’s goal celebration motion mark hit the legal crossbar?

The registration of traditional trademarks by athletes, entertainers, and public figures, such as their names, is not particularly new. However, recently, sportspeople have been looking to register non-traditional elements of their unique contribution to sporting culture. A recent notable example is Cole Palmer’s UK trademark application to register his goal celebration through a motion mark. The application raises some interesting questions as to how to protect the essence of such a celebration.

The England and Chelsea footballer’s effort to register a motion trademark for his celebratory ‘cold’ and ‘shivering’ gesture presents complexities, as motion marks are notoriously difficult to register.

As sports culture evolves, the need to commercialize and capitalize on an image through non-traditional trademark protection is evident. Palmer’s motion mark for his celebration is designed to offer protection for the specific movement and action tied to his identity, or indeed a lookalike of himself.

The difficulty lies in defining and protecting such an unusual mark with the requisite clarity that a dynamic motion mark could afford when compared to a static picture mark, which has generally been the way other footballers have tried to register their celebrations in the past. A picture mark might be more easily registered but arguably does not define a goal celebration in sufficient detail. The celebration, undoubtedly memorable and distinguishable to football fans (at least for those of the English Premier League), cannot be easily captured in a single static image or word description to ensure sufficient protection. So, Palmer’s advisors appear correct to go down the motion-mark route.

The description for the motion mark, applied for by Palmer’s management company is as follows: “Registration of this mark shall give no right to the exclusive use of a sign comprising any person other than the person shown in the motion mark, or a representation or lookalike of the person shown in the motion mark, making the movement shown in the motion mark.” This description is combined with a video/motion clip of Palmer performing the celebration, although there is no specific reference to Palmer by name anywhere in the application.

There may be some argument as to whether the description is sufficiently precise to accompany the motion representation to provide adequate protection, as seen in the recent Adidas v. Thom Browne decision. If the description is viewed as covering a multiplicity of potential trademarks, then objections are likely to be raised by the UK Intellectual Property Office (UKIPO).

Interestingly, the likeness of Palmer has been captured in a plain black T-shirt rather than his usual blue colors, presumably, to protect Palmer in case of any club transfer, something that his previous club, Manchester City, knows all too well. Regardless of the fashion choices in the clip, questions remain, such as how long will this likeness of Palmer be protected? What happens if he changes his hair or, in the longer term, gets old?

There is often a tendency among those attempting to register an unusual and non-traditional trademark to take the easier route of registering photos of celebrations and the like. However, in this case, it seems Palmer’s legal representation has opted for a motion mark to protect the essence of the motion itself. They may face obstacles in registration, but if successful, the scope of protection for the range of goods and services would be much greater.

Palmer has even previously admitted that the shivering idea originated from a teammate who helped shape the now-infamous celebration. Although it seems unlikely that this teammate could oppose the application and make a claim, that might be a possibility for other goal celebrations in the future. Celebrations are arguably dramatic/theatrical works protected by copyright.

← Back to News