What can you trademark?
Phrase, logo, look of item, emblem. Examples can be if you look at Usain Bolts collection of trademarks after the his olympic dominance. He owns the phrase “Bolt to the World,” the specific look/ font of his logo, and the silhouette of him squatting with one arm cocked back pointing and the other arm pointing the same direction.
Difference between a trademark and copyright
Simply put, trademarks are given to work that enters the stream of commerce and copyrights are “obtained” once something is created, even if it is in private, if you can prove it.
You can very easily have both a trademark and copyright to the same IP item.
Reasons to Consider Using Trademark Licensing
Reach new markets, increase brand awareness, distribute workload, & improve your business.
Types of license arrangements
Exclusive license, sole license, & non-exclusive license.
Exclusive License: The licensee gains sole commercial rights to the trademark. The licensor has no commercial rights, but gains a sum of money for entering the agreement. The licensee also receives future profits or incurs losses that come from commercialization.
Exclusive licenses may have limits on the products and location. Sole license: The licensee and licensor can use the trademark. The licensor cannot license the trademark to a third party.
Non-exclusive license: The licensee, licensor, and any outside individuals the licensor also assigns a license to can use the trademark.
Boise State’s trademark to non blue turf fields
Boise State owns a trademark on artificial turf playing surfaces that are not green. This includes deals with Eastern Washington and Eastern Michigan. It started out as a gimmick but now is a huge competitive advantage in recruiting. Shout out to my Boise friends from college days. They would tell stories of playing games on the “Smurf Turf.”
“Three-Peat”
Pat Riley actually owns this trademark even though his teams have never won 3 NBA championships in a row. He has profited in the neighborhood of $600,000 from licenses to the 90’s Chicago Bulls and 2000’s Lakers.
Although he is cheering for the the Heat to win the championship this season, Riley will profit greatly if the Warriors win their third in a row!
