In their recent Sports Business Journal article, Knobbe Martens lawyers Jonathan Hyman, Jonathan Menkes, and Edward Nester examine a growing IP challenge in the sports industry: what happens when an athlete’s jersey number evolves from a functional identifier into a commercial brand? Using the trademark lawsuit targeting Patrick Mahomes and Travis Kelce over their “1587” restaurant brand as an example, the authors explore the legal complexities athletes and businesses face when building brands around jersey numbers, as well as the proactive trademark strategies that can make the difference between a defensible brand and a costly dispute.
The authors explain that under U.S. trademark law, jersey numbers standing alone are often considered weak trademarks, given the inherently limited pool of numbers available across professional sports. High-profile disputes involving Lamar Jackson, Dale Earnhardt Jr., and Troy Aikman over the No. 8 illustrate how multiple athletes can lay claim to the same number, creating unexpected brand collisions off the field. As the authors note, “an athlete does not automatically have rights in their own jersey number, and popularity and on-field success do not necessarily generate trademark rights in the number.”
To mitigate these risks, the article highlights several brand-building strategies for athletes and sports businesses, including filing Intent-to-Use applications with the USPTO, conducting thorough trademark searches, and developing distinctive combination marks like Chris Paul’s CP3, Cristiano Ronaldo’s CR7, or Penny Hardaway’s stylized Nike logo. The authors emphasize that creative differentiation is essential, and that athletes who pair their numbers with initials, nicknames, or distinctive design elements stand a far stronger chance of securing enforceable trademark rights and building a lasting brand identity.
Read the full article in Sports Business Journal [subscription may be required].
Learn more about Knobbe Martens’ Sports and Gaming practice here.
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