Examining the extent of trademark squatting of NBA athlete names in China

ABSTRACT

Research question

The development of effective brand protection strategies requires an understanding of the potential threats that brands face from illegal actions. Trademark squatting of transliterated names belonging to well-known celebrities and athletes is perceived by the international business community to be a serious problem in China. Translations are words that have been converted from alphabetic languages into words in character-based languages. As such, the purpose of this study was to examine the phenomena of trademark squatting of foreign athletes’ names and whether that phenomena poses a significant threat to foreign athletes due to the appropriation and bad-faith registration of their transliterated names.

Methods

A qualitative research approach was employed to detect indicators for both (a) trademark squatting and (b) good faith registrations, which were then applied to trademark registrations for names that matched the transliterations for well-known NBA athletes and the business records for those who registered the marks.

Results and Findings

210 registrations (38%) of transliterated names belonging to 55 (57%) of the 96 NBA players included in the study were deemed to include strong indicators of trademark squatting.

Implications

The prevalence of trademark squatting in China involving the transliterated names of foreign athletes warrants proactive measures by athletes and those who protect and manage their brands. Athletes who compete in contests that are broadcast within China run the risk of losing the rights to their transliterated names to squatters if transliterations are not developed and registered by the athlete.

KEYWORDS:

• Trademarks
• well-known marks doctrine
• trademark squatting
• transliterations
• and brand protection

Disclosure statement

No potential conflict of interest was reported by the author(s).