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Amundsen Davis Intellectual Property Alert

May 14, 2026

IPIntellectual property shapes how businesses develop new products, protect their brands, and compete in crowded markets. Every April 26, World Intellectual Property Day celebrates the power of human creativity and this year’s theme—“IP and Sports: Ready, Set, Innovate!”—highlights how intellectual property drives progress across the global sports industry. From patented equipment to iconic team branding and the media that brings games to life, IP strategies that serve as the invisible infrastructure behind world renowned teams offer lessons for businesses and creators in every field.

Trademark Strategy: What Every Company Can Learn From Sports Branding

Trademarks are the cornerstone of market identity. Whether a company sells athletic footwear, enterprise software, or consumer packaged goods, a trademark defines how customers recognize and trust a brand.

Recent developments in sports show how fiercely businesses protect their identity. Earlier this year, the team previously known as the Oakland Athletics faced a setback when the U.S. Patent and Trademark Office (USPTO) rejected its attempt to trademark “Las Vegas Athletics” and “Vegas Athletics.” The USPTO ruled that “Athletics” was generic and therefore unable to receive new protection, even though the original franchise had used the name for more than a century. However, this new name did not have the same historical goodwill that the name “Oakland Athletics” did.  The good news for the team is that it will be only a short matter of time until the new organization develops “secondary meaning” in the new name such that it can attain exclusive trademark rights again, which is five years from first use of the new name.

This case underscores how essential trademarks are to any business by protecting brand identifiers, such as names, logos, slogans, or symbols, which can generate revenue and form the emotional core of consumer loyalty.

How Copyright Protects Content in Sports and Beyond

Businesses across industries create original works, such as marketing materials, website content, logo design, and other works, as a matter of course. Copyright prevents certain unauthorized use of these works.

A recent example of powerful copyright protection comes from women’s basketball. In 2026, the WNBA renewed and filed trademark applications for several former team names, including the Cleveland Rockers, sparking speculation about expansion. While the filings themselves are public trademark actions, they sit within a broader copyright ecosystem: reviving a team name also revives its copyrighted logos, archival footage, and media assets. Copyright ensures that leagues, broadcasters, and creators can invest in high‑quality production knowing their work cannot be freely copied.

All businesses should treat copyright registration of works likely to be copied  as a routine component of its growth strategy.

Design Patents: Protecting Product Look and Feel

Sports innovation is as much about design as performance. Design patents protect the unique visual appearance of products, encouraging companies to push boundaries in function and style. In recent years, design patents have surged in:

  • Footwear with distinctive midsoles and traction patterns;
  • Protective gear that blends safety engineering with style; and
  • Sportswear where fashion and performance intersect.

Patents help companies defend the distinctive look of their products—an essential advantage in a crowded, trend‑driven market. Medical devices, kitchen tools, consumer electronics, and home goods all compete on look and feel. A unique product design can become a signature differentiator—and design patents help ensure that competitors cannot copy the look.

From Stadiums to Startups: How to Create a Multi‑Layered IP Strategy

The same IP tools that protect a professional team’s brand or design protect any innovator or business developing technology, content, or products. A thoughtful, layered IP strategy gives companies multiple barriers against competitors and imitators. Here is how any growing or established business can build one:

1. Use Patents to Protect Core Technology and Product Innovation

A business creating new devices, materials, or other technology can file utility patents to protect how the technology works. Design patents can then protect how the product looks. Together, they create layered protection that deters imitators and encourages licensees.

2. Register Trademarks to Build and Protect Your Brand Identity

A strong brand name, logo, signature product line, and distinctive packaging and product appearance can be trademarked. This ensures that as the startup grows, competitors cannot mimic its identity to confuse customers. Trademarks also increase valuation—investors love defensible brands.

3. Use Copyright to Protect Creative Assets

Training videos, app interfaces, analytics dashboards, marketing materials, and software code are all protected by copyright. For companies that rely on data visualization or digital coaching tools, this protection is essential. If your “goods in trade” is making many copies of your works, copyright registration is a must have.

4. Protect Proprietary Information With Trade Secrets

Some innovations are best protected through secrecy. Algorithms, manufacturing processes, and proprietary datasets that are not reverse engineerable from your sold goods and services can be protected as trade secrets so long as a company limits access and maintains proper confidentiality controls.

A Strong IP Strategy Fuels Growth

World IP Day 2026 reminds us that intellectual property is the foundation that allows innovation to flourish in every corner of the modern economy. Sports may offer some of the most visible examples, but the underlying lesson is universal: every organization that invests in new ideas relies on IP to convert creativity into lasting value.

This year’s message is clear: Ready, Set, Innovate!