April marks World Intellectual Property Day on the calendar, which this year focuses on sports as a driver of innovation and economic development. In this context, basketball has established itself as a clear example of how a sport can transcend competition to become an ecosystem of intangible assets.
To explore this issue further, we spoke with Blanca Palacín, a trademark attorney at Elzaburu, about the role that intellectual property plays in this industry.
How does basketball contribute to the development and protection of intellectual property in sports?
Basketball is playing an important role in the development and protection of intellectual property in the sports world, serving as a key example of how intellectual property rights are used to protect and commercialize intangible assets.
The NBA was a pioneer in promoting an economic model based on the exploitation of audiovisual rights, brand protection, and merchandising licenses, which is managed on a global scale and generates significant revenue.
This practice has encouraged other sports leagues to adopt similar approaches, creating complex legal structures to protect content and brands internationally, ensuring the exclusivity of rights, and preventing their unauthorized use (such as illegal streaming or the sale of counterfeit products).
In short, basketball contributes to the development of intellectual property by creating high-value brands (teams, leagues, players, etc.), relying on audiovisual rights for its funding, and requiring legal protection to prevent the misuse of distinctive marks and content.
From a legal standpoint, which intangible assets are the most valuable in basketball?
Currently, the most valuable assets in the basketball industry are primarily broadcasting rights, brands, players' image rights, and sports analytics and data technology.
Audiovisual Rights
Broadcasting rights for games and related content are a crucial source of revenue, protected by copyright and licensing agreements.
Brands
Leagues, federations, teams, and players register trademarks to protect their image and generate revenue, either on their own behalf or through licensing. The commercialization of sports trademarks is one of the industry’s main sources of revenue. Some examples of trademarks registered with the European Union Intellectual Property Office (EUIPO) include: Euroleague, Liga U, VALENCIA BASKET, and Santi Aldama.
In addition, sponsorship by other brands plays a crucial role in the economic ecosystem of sports, helping to enhance the brand image of both the sponsors and the league, team, or player in question. Endesa’s sponsorship of the ACB and the Women’s League is a clear example of how a brand can link its image to a sports league.
Image Rights
The commercial use of players' images is a key asset in every sport, including basketball. It allows for control over the commercial use of their names, faces, and other identifying features.
Technology
Data protection and technology in basketball have become increasingly important in recent years due to the growing use of big data, advanced technologies, and performance analytics. These tools not only help improve the game and the fan experience but also create valuable assets that require adequate legal protection to prevent unauthorized use, information theft, and unlawful exploitation. Their use is primarily governed by licensing agreements, copyright laws, and personal data protection regulations.
Why do basketball players register their names or logos as trademarks?
Registering players' names, celebrations, or iconic gestures as trademarks grants them, on the one hand, an exclusive right to use them and , on the other hand, allows them to prevent unauthorized use by third parties.
This exclusive right not only protects their commercial identity but also gives them control over its commercial exploitation, thereby ensuring a steady stream of income that extends beyond their athletic careers, even after they retire.
Players such as the Gasol brothers and Santi Aldama have established distinctive traits linked to their identity, solidifying their legacy both on and off the court.
Is basketball an intellectual property industry as well as a sport?
Without a doubt, basketball has become a true intellectual property industry, as its economic value depends largely on intangible assets such as trademarks and audiovisual rights. The exploitation of these rights across various platforms, video games, and merchandise demonstrates that basketball transcends the realm of sports to become a global business based on the creation and management of intellectual property.
Conclusion: From the Parquet to the Intangible
Basketball reflects how the sport has gradually incorporated an economic dimension that is increasingly linked to intangible assets. Beyond competition, the creation, protection, and exploitation of intellectual property rights are now an essential part of the sport’s development and sustainability.
In this environment, the proper legal management of trademarks, audiovisual rights, technology, and image rights is key to maximizing the economic and reputational value of clubs, leagues, and athletes. As in other innovation-intensive sectors, intellectual property not only protects but also shapes the business model.
At Elzaburu, we assist companies, sports organizations, and professionals in identifying, protecting, and strategically leveraging their intangible assets, tailoring each strategy to an increasingly global and competitive environment.