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  • 3 - Protection, Commercialisation and Enforcement of Intellectual Property Rights in Professional Tennis

  • from Part 1 - Contractual
  • Edited by Ilias Bantekas, Hamad bin Khalifa University, Marko Begović, Molde University College
  • Book:
    Professional Tennis and Transnational Law
    Published online:
    07 August 2025
    Print publication:
    21 August 2025, pp 42-68
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  • Summary

    This chapter explores certain intellectual property (IP) rights arising in the context of professional tennis. It starts off with an overview of IP rights and their territorial scope. It goes on to show that IP rights are subject to a regime of ownership. The first relevant right is trademarks. The chapter explains its legal nature, and how trademark issues arise in professional tennis, particularly as regards traditional and non-traditional trademarks, colour marks, shape marks, sound marks, smell and taste marks and motion, gesture marks and holograms. The chapter then proceeds to explain the protection offered under each mark. It then goes on to explore designs, copyright and image rights/publicity rights, as well as patents and trade secrets in tennis. It explores the commercialisation of IP rights in tennis, including sponsorship agreements, licensing agreements, ambush marketing, endorsement contracts, merchandising agreements and broadcasting rights. It concludes by offering an analysis of enforcement of IP rights, contractual remedies and damages claims.