What’s in a Phrase?

Sports licensors, like intellectual property owners of all types, are looking for ways to expand their portfolio of licensable assets. As part of that trend, three sports clubs have filed trademark applications in the last six months or so for words or phrases that are closely associated with their teams:

• Liverpool Football Club in the U.K. wants to legally protect the phrase “The Normal One” and use it on merchandise. The words are tied to the club’s manager, Jürgen Klopp, who described himself as “the normal one” in an interview when he was hired to lead Liverpool FC.
• The New England Patriots of the NFL applied for trademark protection of “Do Your Job” in two different classifications (covering various gift and novelty categories). The team has already protected the quote, which is associated with long-time coach Bill Belichick, for use at games, but it wants to expand its “Do Your Job” merchandise range. In years past, the Patriots have filed trademarks for other phrases, including “Boston Three Party” and “The Perfect Season.”
• The NFL’s Seattle Seahawks filed an application for “12s” last summer; it already owns the marks “Bring on the 12,” “Spirit of 12,” “We are 12,” and others. The team often refers to the concept of the 12th man to honor its fans, even retiring jersey number 12. Interestingly, the Seahawks do not own the term “The 12th Man,” although they have secured the rights for its use in their stadium (not on merchandise). The IP owner is Texas A&M University, which sued the NFL’s Indianapolis Colts last year for using the phrase without authorization.

Individual players and coaches have been known to trademark phrases or nicknames, as well, or to go after others who are using them. They want to be able to capitalize commercially, or at least stop others from capitalizing.

For example, former San Diego Charger Shawne Merriman sued Nike for copyright infringement, claiming he owned the rights to his long-time nickname “Lights Out.” Quarterback Johnny Manziel sued an entrepreneur using his nickname “Johnny Football” on a t-shirt that read “Keep Calm and Johnny Football.” At the time, Manziel himself could not use the name on merchandise, since he was a college player.

And, way back in the late 1980s, NBA coach Pat Riley trademarked the term “Three-Peat.” That was well before making such phrases available for licensing became the norm for leagues, teams, and athletes.