Advertising and Brand Usage in Sports Clubs
Introduction: Why is Brand Usage a Critical Legal Area for Sports Clubs?
Sports clubs gain economic power not only through their sporting achievements but also through their brand value . Today, a significant portion of the revenue of major clubs in Europe comes from the following:
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Licensed product sales,
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Brand licensing agreements,
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Permissions for logo usage,
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Digital advertisements,
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Social media revenue.
Therefore, the protection of trademarks and intellectual property rights is one of the most critical issues in modern sports law.
Unauthorized use of club trademarks causes millions of liras in losses every year.
This article examines the legal aspects of brand usage in sports clubs within the framework of Intellectual Property Law (FSEK), Trademark Law, licensing agreements, logo permissions, liability for damages, and club-sponsor relations.
I. Legal Status of Sports Club Trademarks
A sports club's:
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Ordinary,
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Its coat of arms,
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Emblem design,
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The colors,
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Its logo,
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The mascot,
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Slogan
registered and protected by the Turkish Patent and Trademark Office.
Even if the trademark is not registered, a club logo that possesses a "distinctive character" unfair competition laws.
II. Legal Basis for Trademark Use
The brand rights of sports clubs are protected by the following legislation:
1. Industrial Property Law No. 6769
In case of unauthorized use of the trademark:
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Compensation
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Product recall
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Closure of the workplace
Such sanctions may be applied.
2. Law on Intellectual and Artistic Works (FSEK)
If a logo is a work of graphic design, it is also protected by copyright.
3. Turkish Commercial Code (TCC)
A lawsuit can be filed based on unfair competition provisions.
4. Law on Consumer Protection
Businesses selling counterfeit products may face administrative fines.
III. Types of Licenses Issued by Sports Clubs for Brand Usage
Sports clubs generally issue two types of licenses:
1. Commercial License (Merchandising – Licensed Product)
Brand usage on products such as jerseys, scarves, t-shirts, bags, and shoes.
In exchange for this license, the club:
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Fixed fee
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Sales commission
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Royalty (percentage payment)
He takes it.
2. Service License (Sponsorship – Advertising)
The club logo:
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On billboards
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At press conferences
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On digital platforms
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In TV commercials
Its use is permitted.
IV. Clauses That Must Be Included in a Trademark Usage Agreement
A license agreement must include the following provisions:
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Scope of the license
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License period
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Area and region of use
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Royalty rate
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Audit authority
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Allowed product categories
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Quality control standards
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Compensation in case of breach of obligations
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Termination terms
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Arbitration – jurisdiction
An incomplete contract seriously damages the club's brand value.
V. Unauthorized Use of Club Logos: Legal Consequences
The most common violations are:
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Counterfeit jerseys sold in the market
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Selling unlicensed products with logos online
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Social media accounts are created using the club logo
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Unauthorized use of the logo in digital advertising
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Use of the brand for political purposes
The club has the following avenues to pursue in case of these violations:
1. Compensation Claim (Industrial Property Law, Article 149)
The club may request three different compensation alternatives:
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The actual damage suffered
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Damage based on comparable license fees
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Triple penalty if there is bad faith
2. Product Recall and Destruction
Counterfeit jerseys will be immediately confiscated.
3. Closure of the Workplace
Temporary business closures may be implemented in cases of serious violations.
4. Criminal Liability
Article 30 of Law No. 6769:
Infringement of trademark rights is a crime.
Penalty:
➡ Imprisonment from 1 to 3 years
➡ Fine
VI. Use of Club Brands on Social Media
In the city, on social media platforms such as YouTube, TikTok, Instagram, etc.:
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Club logo,
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Athlete photos,
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Emblem design
Cannot be used without permission.
Exceptional:
Posts that are considered news stories do not require permission.
However, if the content is commercial, a licensing requirement arises.
VII. Brand Management Units of Sports Clubs
Major clubs have established dedicated units for brand management:
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Beşiktaş – Eagle's Nest
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Galatasaray – Store
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Fenerbahçe – Fenerium
These units are:
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Product development
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License agreements
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Combating counterfeit products
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Advertising management
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Digital trademark protection
It operates in these fields.
VIII. Club – Brand Conflicts
During the pandemic, some clubs experienced serious disagreements with their sponsors.
The most common causes of conflict are:
1. Incorrect printing/incomplete logo
The sponsor demands compensation.
2. The club's use of the trademark in violation of the contract
The sponsor terminates the contract.
3. Low quality of licensed products
The club sues the manufacturer.
4. The sponsor damaging the club's image
The club terminates the contract for just cause.
IX. International Protection of Sports Club Brands
Clubs:
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Madrid Protocol
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European Union Trademark System (EUIPO)
This allows it to protect its logo internationally.
Without this protection:
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Counterfeit products,
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Digital platform breaches,
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Risks of misuse of foreign brands
is increasing.
Conclusion
Advertising and branding in sports clubs is one of the most dynamic areas of modern sports law.
Protecting the brand value of clubs is not only an economic necessity but also a legal obligation.
Effectively combating trademark infringements, through sound licensing agreements and professional brand management, plays a crucial role in the long-term success of clubs.
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