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BY Tevin Jones
Pose trade marks and the Turkish shooter
Although based on a physical pose, it is important to remember that the trade mark is a 2D depiction of an individual striking a particular pose, and it is this 2D representation that will be applied as the trade mark directly on the product – as noted by the Finnegan firm in IPWatchdog.
Much has been written about the 51-year-old Turkish pistol shooter who won a silver medal at the recent Paris Olympics. He became an overnight sensation due to his … well I suppose it could be described as a ‘who gives a **** stance!’
Yusuf Dikec
We must consider the fact that there must be some people who have not seen the ‘Turkish shooter’ TV footage, and indeed some people who did not watch the Paris Olympics at all.
For the benefit of those who may be wondering, a Turkish shooter named Yusuf Dikec caught everyone’s attention when he kept his non-shooting hand in his pocket whilst shooting, looking like he did not have a care in the world. To get a better understanding of Dikec’s stance, you might want to Google words like ‘Turkish shooter Olympics’.
These things always get overhyped. One article says that ‘the relaxed pose has drawn comparisons to the iconic fictional spy James Bond, spawning a wave of memes and imitations across the sports world and beyond.’
Trade marks rule
It took little time for Yusuf Dikec to realise that he had intellectual property that could be protected, and he filed an application to register his pose as a trade mark with the Turkish Patent and Trade Mark Office. Needless to say, he found that others had filed trade mark applications before him – with news reports suggesting that these other trade mark applications have already been accepted and a considerable amount of unauthorised merchandise featuring Dikec’s image has already been on sale including t-shirts, mugs, and phone cases. The Turkish authorities have not yet commented on the status of Dikec’s trade mark application.
So what is behind the pose?
Dikec has said that it is no big deal: ‘I merely do it to maintain my equilibrium and to keep my body more stable. Nothing more to it.’
According to an article, the gesture ‘resonated deeply with audiences, who saw Dikec’s calm demeanour as embodying Olympic values of fair play, simplicity and clarity.’ Whereas Dikec has said that he was far from calm when he was shooting - ‘storms were raging inside of me.’
When things go global
With his new-found fame, Dikec felt emboldened to pose a question to Elon Musk on X, “Will robots one day win Olympic medals whilst keeping their hands in their pockets? With Musk responding as follows, ‘Robots will hit the centre of the bullseye every time.’
Dikec has also made it clear that he still has unfinished business – he expects to win a gold medal in four years!
Poses and gestures that have become registered trade marks
Pose and gesture trade marks are rare, but do exist. Below are some famous examples:
Usain Bolt
No medals for guessing the most obvious one. Indeed it is Usain Bolt’s so-called ‘lightning pose’, the one he used after each win (so quite often really) – see the picture below:
Mo Farah
British runner Mo Farah decided that if Usain Bolt could do it, then so could he. Mo created the rather uncomfortable-looking ‘Mobot pose’.
The Welsh footballer also came up with an awkward-looking pose, the so-called ‘eleven of hearts’.
Jesse Lingard
English footballer Jesse Lingard registered his JLINGZ gesture. Yes, I know what you are thinking... who is Jesse Lingard?
Presumably, we do not need to discuss Nike’s iconic “Jumpman” logo, used for its Air Jordan brand, which is a silhouette of none other than Michael Jordan.
Finally
This article suggests that ‘poses and gestures have provided the basis for the launch of related brands and there is a strong currency between the athletes’ use of these poses and gestures and brand performance.’
It goes on to say that ‘fame and success brings them under the spotlight… which effectively allows these athletes and other celebrities to disseminate information about their brands in a subtle way through the use of specific poses and gestures.’
The article does, however, go on to warn that trade mark registration is critical as it ‘ensures the uniqueness of their brand, preventing any copycat attempts’.
*Reviewed by Gaelyn Scott, Head of ENS' Intellectual Property Practice.
Tevin Jones
Senior Associate | Intellectual Property
