Lessons from On and Off the Pitch: Intellectual Property Trends from the 2025/26 football season

The conclusion of the 2025/26 football season has once again underlined that the modern game is no longer confined to the pitch. Intellectual property (IP) has become one of the most valuable, and contested, assets in football.

This season, a series of disputes and developments involving trade marks, copyright, licensing and image rights offer important lessons for clubs operating in an increasingly sophisticated legal and commercial landscape.

1 – Trade Marks: Clearance and Enforcement Must Be Proactive, Not Reactive

Clubs are now global brands, and their names, crests, kit designs and commercial associations are core trade mark assets which are subject to the highest levels of scrutiny. Yet this season has highlighted how easily those assets can be jeopardized when the proper proactive measures are not undertaken.

Prominent examples of recent times include the dispute triggered when branding associated with Manchester City’s sponsor (Asahi Super Dry) clashed with the registered trade mark rights of fashion retailer Superdry.

Key lesson / Takeaways:

• Clubs must adopt rigorous trade mark clearance procedures before entering into sponsorship agreements.
• It is not sufficient to confirm that a sponsor has rights in its own sector; clubs must assess cross-sector conflicts, particularly in apparel and merchandising.

2 – Kit Design and Copyright: “Inspired By” Is Not a Defence

This season has also seen renewed scrutiny of kit design, particularly where designs draw on cultural or artistic references. The reported dispute involving Sunderland AFC’s away kit demonstrates the risk. The artist Andrew Small threatened to bring a legal claim after the Premier League club printed what he claims is an image of one of his sculptures on its away kit without his permission: an artist alleged that elements of the shirt reproduced protected aspects of a sculpture, highlighting how copyright issues can arise even where clubs believe they are merely drawing “inspiration”.

Key lesson / Takeaways:

• It is important to note that copyright protects original artistic expression, and infringement is not limited to just literal copying.
• Remember that publicly accessible works (e.g. sculptures, murals) are not free to use commercially without permission.
• You should integrate IP clearance into the creative design process, not as a post-production afterthought.
• Where necessary, licences should be secured where designs reference identifiable artwork or cultural assets.
• At all times maintain documented design provenance to defend future claims.

3 – Image Rights: Increasing Complexity in a Digital and AI-Driven Market

Modern footballers are individual brands and disputes this season have continued to emphasise the complexity of the law regarding image and likeness rights.

In the Premier League’s hybrid rights structure, clubs, players and the league all hold overlapping rights in a player’s image, creating a highly fragmented ownership model.

Issues become particularly acute in:

• Sponsorship campaigns involving players in club kit;
• Video games and digital platforms ; and
• Emerging uses such as AI-generated likenesses.

Recent concerns raised by players regarding the use of their likeness in gaming and digital environments have further underlined the tension between collective licensing models and individual rights.

Key lesson / Takeaways:

• Clubs must ensure clarity in contractual allocation of image rights.
• Clubs and players must be clear on who has responsibility for enforcing any image rights.
• Player contracts should be regularly reviewed to ensure rights are fit for modern uses (including AI).
• All parties should avoid ambiguous drafting around digital exploitation in agreements relating to the management of such rights.
• Clubs and players should coordinate with league-wide licensing frameworks to prevent conflicts.

4 – Broadcasting and Digital Piracy: Enforcement Remains Critical

Another area of continued importance is the protection of broadcasting rights, which remain the financial backbone of elite football. Illegal streaming and piracy continue to attract enforcement action, including criminal prosecutions in the UK linked to large-scale IPTV operations distributing Premier League content unlawfully.

Key lesson / Takeaways:

• IP enforcement is not merely defensive—it is central to preserving core revenue streams.
• Clubs should seek to collaborate with leagues and regulators on anti-piracy initiatives.
• All parties should seek to invest in technological enforcement tools (e.g. take-down systems) which offer more a more dynamic approach to the issue of online infringement.

The Expanding Scope of IP Value and Risk Management

This season has reinforced a broader point: IP is no longer a standalone legal issue. It intersects with:

• Commercial strategy (sponsorship, merchandising, licensing)
• Regulation, risk management and governance
• Technology and digital innovation

The football economy is increasingly reliant upon intangible assets, from broadcast rights to data and branding, making IP governance a board-level issue. Rather than a purely legal function.

Recent seasons have demonstrated that intellectual property is both a commercial opportunity and a risk for football clubs. The key themes emerging are clear:

• Early-stage IP due diligence is essential
• Contracts must evolve to reflect digital, global and AI-driven uses
• Enforcement strategies must be proactive and well-resourced
• Commercial decisions cannot be divorced from IP considerations

For clubs seeking sustainable growth, the lesson is simple: success off the pitch increasingly depends on how well intangible assets are identified, protected and commercially exploited.

In a game where margins are often fine, IP strategy is no longer optional, it is a competitive advantage.

For any questions or queries regarding IP strategy or management please contact Matthew Lingard or Sarah Williams at Walker Morris.