![]() ![]() In addition, failure by a team or player to register a trademark may cause confusion and potential legal disputes over who actually owns a name. While the benefits of trademark law are fairly well-known, many top teams and competitors fail to properly protect their intellectual property ![]() 4,677,398) owns a trademark registration, which facilitates entering into licensing agreements with third-parties as well as publicly distributing merchandise bearing their mark without worrying about liability. This has become the norm, where many top flight teams and competitors currently sell officially licensed merchandise bearing the gamer or team name. The existence of a valid trademark registration for a gamer-name, team name and/or logo also provides the owner with the ability to license or sell the mark and the “good-will” associated with it. Trademarks may also utilize a valid registration as a basis for filing an Anti- cybersquatting claim with ICANN to retrieve an infringing website domain name. įor example, if “Deejayjustin” is a protected gamer-tag owned by a legendary League of Legends gamer and an imposter “Deejayjustin1” creates a YouTube account, there could be potential confusion if the imposter account begins transmitting LoL related content on this social media account. Trademarks give the ability to actively police and prevent other individuals from “stealing” or impersonating established gamers. Since official websites, merchandise and social media platforms, including Twitter, Facebook, Twitch, YouTube and Instagram, are essential streams of income for most prominent eSports players and teams, it is crucial that a trademark search is conducted prior to establishing and developing these platforms.Ī valid registration of a user’s gamer-tag also provides the owner with additional protection. While the initial costs to search, prepare and file for a particular trademark may seem prohibitive, the benefits clearly outweighs the costs. In an esports context, this means that there are separate trademarks, which each require a separate application for the team name, the team’s logo, the user’s in-game name or gamer-tag as well as a user’s unique gamer-tag logo (if one exists). It is essential for esports competitors to ensure they address trademarks and protection rights early in their career, in order to properly exploit and monetize their products and services within this realm.Ī “service” mark, more commonly known as trademarks, can be used in connection with providing a particular service (e.g., participation in video game competitions, talent management services). With the rapid international expansion and increased profitability of esports, the need to properly protect one’s “brand” and its associated intellectual property grows more important every day. He advises a variety of professional athletes and entertainers on their trademark, copyright, contractual and business matters. Jacobson, Esq., Vice-President at The Jacobson, P.C., a NYC-based entertainment & esports law firm. ![]()
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