Family Feud: Brooklyn Beckham Highlights Celebrity Trademark Issues

Understanding Celebrity Trademark Disputes

By Paul Sandle and Marie-Louise Gumuchian

Background of the Beckham Family

LONDON, Jan 23 (Reuters) - "Brand Beckham" always comes first, Brooklyn Beckham said in an outburst against his parents David and Victoria this week that shone a spotlight on the legal protections a growing number of famous families attach to their own names.

Trademark Registration and Legal Options

The Instagram post by the eldest son of David and Victoria Beckham not only fuelled online gossip around the world but also highlighted a more unusual aspect of celebrity trademarks.

Potential Outcomes of the Dispute

UK filings show the names of David and Victoria's four children are registered as trademarks, with Victoria listed as owner in her capacity as a parent and guardian. Brooklyn's name was registered as a trademark in Britain in 2016, when he was 17.

Brooklyn's registration, covering beauty, cosmetics, clothing, toys and entertainment and other classes, according to the UK Intellectual Property Office, will expire in December.

WHAT IS THE TRADEMARK DISPUTE ABOUT?

In his post, Brooklyn said that ahead of his 2022 marriage to Nicola Peltz, daughter of U.S. billionaire and activist investor Nelson Peltz, his parents had pressured "me into signing away the rights to my name".

He said his family valued "public promotion and endorsements above all else. Brand Beckham comes first." 

Brooklyn has not elaborated on what he was asked to sign and his parents' representatives have not responded to requests to comment from Reuters and do not appear to have spoken on the issue.

In February that year, Authentic Brands Group entered a strategic partnership to co-own and manage David Beckham's brand. It is not clear if Brooklyn's trademark was involved.

Celebrities have long trademarked their names for spinoff products and the practice has increased with the rise of endorsements and social media to prevent others profiting from their names without permission.

Disputes over such trademarks are not uncommon. Australian singer Kylie Minogue opposed efforts by U.S. reality television star Kylie Jenner to trademark "Kylie" for commercial use, citing prior use and the risk of consumer confusion. Minogue later said the two reached an agreement.

Singer Katy Perry has been in a years-long trademark battle with a Sydney-based fashion designer whose label uses her own birth name, "Katie Perry".

WHAT ARE BROOKLYN'S OPTIONS?

The Beckhams' multi-million-pound family business was built by David, the former England soccer captain who agreed a string of commercial deals while playing at Manchester United and Real Madrid in the 1990s and 2000s, and Victoria, a member of the Spice Girls, the UK's biggest pop group at the time.

Victoria launched her own fashion label in 2008 and beauty brand in 2019 and the couple have each lent their names to multiple products, including collaborations with other brands.

Their four children, Brooklyn, Romeo, Cruz and Harper Seven, make frequent appearances at Victoria's fashion shows and online. Brooklyn and Romeo have collaborated with brands.

Mark Engelman, an intellectual property barrister at Burnell Chambers, said registering a trademark was relatively inexpensive. "If (the children) do well, they can earn money from selling products or licensing the name to third parties," he said.

Registering a trademark in Britain costs from 170 pounds ($230), plus 50 pounds for each additional class, and lasts 10 years. In the United States, fees start at around $350.

James Corlett, managing partner at law firm Beyond Corporate Law, said trademarking children's names for future commercial use was unusual but not unprecedented.

"You're talking about two very famous individuals throughout the '90s and noughties in particular, who came together to create essentially a powerhouse brand, which has obviously been protected by the use of trademarks," he said. 

"They've been very savvy and astute with their use of trademarks. And I think the  registration of Brooklyn's name is merely an extension of that."

Corlett said Brooklyn, who is now aged 26, could seek to oppose any re-registration or extension of the family's trademark of his name when the renewal comes up. 

If the name had not been actively used, he could challenge a renewal or apply for a trademark he could exploit independently.

"That's where things get potentially very interesting," he said. "The key element of Brooklyn's name is the 'Beckham' part of it, which would potentially conflict with the existing Beckham registrations."

Any dispute could ultimately be resolved through negotiation, potentially limiting Brooklyn's use of his name in core "Brand Beckham" categories such as fashion or fragrance, he added.

Brooklyn already signalled a shift by adding Peltz to his surname after his marriage.

He uses the name in marketing his Cloud23 hot sauce, signing endorsements with the initials "BPB".

(Reporting by Paul Sandle and Marie-Louise Gumuchian; editing by Rachel Armstrong and Philippa Fletcher)