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Uses of Athletes' Persona and Related Indicia Raise Many Intellectual-Property Issues

By Stan Soocher
January 28, 2008

The value of athletes' personas and related indicia is a bedrock component of the sports industries. Merchandising and endorsement deals date back decades. But this tradition hasn't meant a smooth ride today. Disputes over athlete indicia are as common as those for entertainers. An examination of several court rulings from the past few weeks demonstrates common claims and defenses over licensed and unlicensed uses.

Baseball legend Mickey Mantle entered into an agreement in 1988, amended in 1989, for the use of his name, likeness, voice and biographical information in a Mantle documentary film and on related merchandise. Mantle died in 1995. In June 2004, his estate filed breach-of-contract and trademark-related claims against the licensee. The estate sued over the alleged failure to pay royalties, over creation of Mantle Web sites and over publication of the book 'Mickey Mantle: The American Dream Comes to Life.'

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