The business of Swift and Kelce: A brand match made in IP heaven?

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With two global superstars joining forces, the commercial possibilities go far beyond headlines and hashtags. Together, they represent the crossover of two multi-billion-dollar industries — music and sport — where personal brands are as valuable as platinum records or championship trophies.

When the worlds of Swifties and the NFL collide, the stage is set for a powerhouse of intellectual property (IP).

Swift plays offense in the game of IP

Taylor Swift is no rookie when it comes to protecting her IP. From famously re-recording her albums to amassing one of the most formidable trade mark portfolios in the music industry, with over 300 trade marks in the US alone.

Her latest move? Just hours before announcing the release of The Life of a Showgirl, Swift filed trade mark applications for The Life of a Showgirl and the acronym TLOAS, proving once again that when it comes to her personal brand, she’s always playing offense in the game of IP.

And she’s not the only one in the relationship thinking strategically — Travis Kelce has also made headlines for his own trade mark filings, including Killa Trav and even phrases tied to his on-field persona.

Given her track record, it wouldn’t be a surprise if Tay Tay sought to secure trade mark registrations for Taylor Kelce or even Mr. Swift — even if she keeps her famous surname as many fans are demanding — because when it comes to brand protection, she leaves no blank space.

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Swifties and NFL fans don’t usually overlap on a Venn diagram – but now, game-day cheers and friendship bracelets are colliding. The engagement has sparked excitement for the soon to be “wedding of the century”, but from a brand perspective, it could be the collaboration of the century.

Think beyond Vogue wedding spreads and televised nuptials: we’re talking room for joint endorsement deals with a whole new hybrid fan economy brimming with engagement potential.

Any delay in securing trade mark rights to key names and slogans could leave the door open for opportunists, and in today’s celebrity-driven economy, timing is everything.

Trade mark squatters on the field

Trade mark squatting occurs when someone registers a trade mark for a name, phrase, or logo with no intention of actually using it in commerce, but rather to profit from its popularity or to block the rightful owner from using it. Opportunistic squatters often target famous names hoping to sell the trade mark back to the celebrity, company, or organisation for a profit.

Trade mark squatting is common whenever public figures announce a life milestone – just look at the wave of filings around celebrity baby names. Remember when Beyoncé rushed to file Blue Ivy’s name to stop opportunistic third parties? Big moments invite bigger IP plays.

With someone of Taylor Swift’s stature, the stakes are even higher. Every milestone in her life — from album drops to engagement announcements — becomes a magnet for opportunists looking to cash in on her name or associate products with her fame.

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This is where the importance of timely trade mark filings and conducting trade mark clearance searches becomes clear. Trade marks aren’t just about protecting a name; they’re about securing the legal foundation of a brand before it’s launched in the marketplace.

Take the South African Stanton Woodrush case for example, which caused a stir back in 2002. The South African Football Association (Safa) famously adopted the nickname “Bafana Bafana” for the national soccer team, only to find a clothing company, Stanton Woodrush, had registered it first. Fame alone didn’t grant Safa rights. The court ruled in favour of Stanton Woodrush, which had registered the trade mark in good faith. Safa eventually paid R5m to acquire these rights.

Internationally, pop star Katy Perry (born Katheryn Elizabeth Hudson) faced a similar clash. In Australia, fashion designer Katie Jane Taylor, who sold clothing under the Katie Perry trade mark, initially won a trade mark infringement lawsuit against Katy Perry for using the mark on merchandise and tour promotions. However, on appeal, the court ruled in Katy Perry’s favour because she had been using the name in commerce years before Taylor. The decision highlighted that even registered trade marks are not foolproof if another party can demonstrate prior use.

Takeaways

The lesson? For South African businesses looking to use or register a trade mark, the key takeaway is to be proactive.

Conducting trade mark clearance searches to check the availability of a mark, combined with timely and proactive filings, is crucial. Don’t only look at trade marks, but also consider domain names and social media handles to make sure your path is clear.

Whether it’s an album title, a nickname, or a combination like Taylor Kelce, failing to secure rights can leave the door open to opportunists or costly litigation. A proactive approach ensures the headlines stay about love and music, not lawsuits and licensing battles.

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Trade mark use vs. registration in South Africa

If someone attempts to file a trade mark in South Africa, which is the same as or similar to a well-known international trade mark or a mark in which another has already established a reputation through use, the application could face significant hurdles.

Trade marks filed in bad faith — for example, to profit from another’s established reputation or without a good faith intention to use it — can be refused by the Registrar or opposed by the rightful owner.

The Registrar may refuse registration of marks that are confusingly similar, misleading, or exploit another’s goodwill. A mark that is identical or similar to a well-known mark may also be refused if its use would take unfair advantage of, or be detrimental to, the distinctive character or reputation of the existing mark, even if there is no likelihood of confusion or deception.

Rightful owners can oppose such applications on the same grounds.

If someone starts using a trade mark owned by another without authorisation, they may be infringing the rights of the rightful owner. The owner can take legal action through trade mark infringement proceedings, which can result in an interdict to stop further use, as well as claims for damages.

Unauthorised use that infringes a registered trade mark or takes unfair advantage of or is detrimental to, the reputation of a well-known mark can lead to the rightful owner claiming damages or broader remedies, including the destruction or recall of infringing goods. Using a mark in commerce without authorisation is particularly risky when it is associated with a celebrity, as it could also be viewed as an attempt to exploit their reputation for commercial gain.

When it comes to protecting your brand, timely trade mark filings can mean the difference between a game-winning touchdown and a costly interception. A swift (pun intended) trade mark filing could ensure that only Team Swift/Kelce controls how their brand is used and licensed and shake [it] off opportunists looking to score.

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In short, this marriage is more than a love story – it’s a merger of fandoms, personal brands, and maybe even IP portfolios.

Even if Taylor Swift does not legally change her last name to Kelce (or Travis does not change his last name to Swift!), securing trade mark registrations for Taylor Kelce could still be a savvy business move.

If Taylor Swift decided to legally become Taylor Kelce, personality rights could also assist to block copycats from stepping onto her commercial stage. Personality rights are like the ultimate VIP pass to your own identity. They let a person control the commercial use of their name, image, voice, or signature, essentially stopping anyone from cashing in on their fame without permission by creating a false impression of endorsement or association with the celebrity.

But with all that said, unless Tay Tay actually changes her last name to Kelce, securing trade mark protection remains the most effective way to keep opportunists off the field – ensuring they don’t use or register Taylor Kelce.

While fans speculate about the dress and anticipate the inevitable chart-topping love ballad, trade mark lawyers are already drafting vows (trade mark applications) to ensure nobody else can cash in on the Swift/Kelce love story. After all, love may be eternal, but trade marks (if renewed) are forever.