Protecting the Brand of Nigerian Athletes: Rethinking IP in Sports

Introduction

The global sports industry is a multi-billion-dollar commercial enterprise, rivaling some of the world’s largest sectors in scale and influence. It encompasses everything from broadcasting rights and sponsorship deals to merchandising, digital engagement and an ecosystem where athletic performance translates directly into economic power. Stadiums, streamlining platforms, apparel companies, and advertising agencies all feed into the vast machinery of the industry, generating revenues that ripple across continents.

At the heart of this commercial engine lies intellectual property (IP), an invisible currency determining ownership, value, and profit in the business of sports. From the logo on a jersey to the face of an athlete on a billboard, IP rights particularly image rights, trade marks, copyright determine not only who profits from the spectacle of sport but also who shapes its cultural and commercial legacy.

On World IP Day 2026, themed "IP and Sports: Ready, Set, Innovate!", the spotlight falls on how athletes harness IP to secure and grow their commercial value.

For Nigeria, this is a pressing reality as Nigerian athletes must navigate the legal and commercial frameworks that govern sports to be able to transform fleeting fame into sustainable commercial success. It is therefore fitting that we examine how Nigerian athletes are faring in the race to protect and commercialize their personal brands while they continue to command global attention on the world stage. The question then is whether the Nigerian athlete can truly compete globally in protecting and monetizing their brand. Are they aware of the IP rights available to them or the extent to which they are equipped to use these rights?

The Anatomy of an Athlete's Brand

An athlete's brand is not a single, monolithic right; rather, it is a composite of several IP rights carefully put together. Understanding this architecture is the starting point for any meaningful discussion about brand protection and commercialization within the sports industry.

Trade Marks protect an athlete's name, nickname, logo, or signature phrase when registered in connection with goods or services, ensuring that a brand stays exclusive to a specific athlete and preventing unauthorized exploitation by third parties. Image Rights relate to the right of an individual to control the commercial use of their name, likeness, photograph, voice, or other identifying characteristics. Although not expressly codified under Nigeria statutes, these rights are increasingly recognized through contractual arrangements and judicial authorities.

Copyright protects original creative works associated with an athlete's brand, such as a unique logo, promotional videos, or artistic merchandise designs, while passing off provides a common law remedy where an athlete's reputation is misappropriated without authorisation, even where formal registration is absent.

Together, these rights form the legal framework of an athlete's brand, the strength of which remains uneven in Nigeria.

The Nigerian Legal Framework: Strengths and Gaps

Trade Marks

Nigeria's trade mark regime is governed by the Trade Marks Act, Cap T13, Laws of the Federation of Nigeria 2004. Section 67 of the Act defines a "mark" broadly to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof. ⁴

Under this framework, athletes can register their names, signatures, logos, and slogans as trade marks in respect of specific goods or services under the Nice Classification, 9th Edition which currently applies in Nigeria. For instance, Class 25 (which covers clothing and sportswear), Class 41 (which covers entertainment and sports services), and Class 35 (which covers endorsement and promotional services). By registering in these or other classes, the athlete is conferred the exclusive right to use the brand in respect of the goods or services covered by the class and prevent unauthorised commercial use by third parties.

The commercial value of such registration is not a diamond in the rough, and is evident globally from international sensations such as Cristiano Ronaldo who registered "CR7" as a trade mark and went ahead to anchor an entire commercial empire on the “CR7” mark across merchandise, fragrance, and hospitality.  By contrast, Nigerian athletes are yet to replicate this strategic level of trade mark protection. For most, registration is reactive rather than proactive, undertaken only after commercial value has already been established as an athlete or, in some cases, after infringement has occurred. Yet, early and deliberate trade mark registration remains one of the most cost-effective mechanisms for safeguarding an athlete’s brand and commercial identity under Nigerian law. When deployed strategically, it would serve not merely as a defensive tool, but as the foundation for long-term brand commercialization.

Image Rights

The legal foundation for image rights protection in Nigeria is often traced to the Constitution of the Federal Republic of Nigeria 1999 (as amended). Section 37 broadly guarantees and protects the right of Nigerians to privacy with respect to their homes, correspondence, telephone conversations and telegraphic communications[1]. While this constitutional guarantee establishes an important baseline, it appears far too general to provide the specific commercial protection that a structured image rights framework would afford within the business of sports.

This limitation becomes more apparent when viewed against developments in other jurisdictions. In the United States, image rights are protected under the doctrine of the "right of publicity", and personalities which recognizes the commercial value of a personality’s identity and protects attributes such as name, voice, signature, photograph, image, and gesture[2]. In jurisdictions such as Germany, France, and Hungary, there is also express statutory protection against the unauthorised commercial exploitation of an individual's image[3]. In these systems, identity is not an incidental item but is expressly protected as a proprietary interest.

By contrast, Nigeria operates within a fragmented yet evolving framework. The practical consequences of the legislative vacuum in relation to image rights have been felt most acutely in the entertainment and talent sectors, with similar significant implications for sports. In an ecosystem where an athlete’s likeness can be as valuable as their performance, the absence of a clearly defined legal regime leaves much to be desired.

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[1] Section 37, Constitution of the Federal Republic of Nigeria 1999 (as amended).

[2] Indiana Code § 32-36-1 (Right of Publicity Statute)

[3] Corinna Corrs and Peter Mezei, "Image Rights: Exploitation and Legal Control in English and Hungarian Law", ResearchGate