Copyright Licensing Lessons - Kawhi Leonard Klaws Back Rights

Nike and Kawhi Leonard are fighting over the Klaw logo as Kawhi moves to New Balance. Both sides are claiming ownership of the Klaw logo in an effort to maintain its exclusive use.

It is fun to see IP issues in Sports Illustrated, but shocking to think that with the dollars at stake in a sponsorship deal like this that it did not explicitly define ownership of the logo.

From a copyright standpoint, without a written agreement, the author of the work is the owner of the copyright. In this case, Kawhi claims to have authored the Klaw while in school combining the outline of his hand with his number before he entered a contract with Nike. Nike claims authorship based on their design of a new Klaw logo for their apparel once Kawhi was under contract. By not spelling out ownership of the pre-existing logo and any newly designed logos going forward, both Nike and Kawhi are in the uncertain position of having the court decide their fate.

The takeaway is that in an endorsement deal or other contract where creative/inventive property will be used or created, an IP attorney should be brought in to understand each side’s contributions and how ownership will be handled during the contract and once the contract ends.#cuecards#logo#apparel#copyright