Date of Award

Summer 2025

Document Type

Open Access Dissertation

Department

School of Hotel, Restaurant and Tourism Management

First Advisor

John Grady

Abstract

This study explores the intersection of artificial intelligence (AI) and trademark law, focusing on the implications of AI-driven brand management in the sport industry. As AI technologies increasingly shape marketing strategies, particularly through fan engagement and content creation, they present new legal challenges, especially concerning trademark infringement, false endorsement, and the protection of athletes’ Name, Image, and Likeness (NIL) rights. The study analyzes key legal issues arising from AI’s role as both a tool and a potential legal actor in brand management, emphasizing the evolving definitions of “use in commerce” and the liability of sport organizations and third-party platforms.

Through case law analysis, this study employed doctrinal legal research to explore how trademark law is adapting to technological advancements. By examining key court cases, the research aimed to uncover how courts have navigated the challenges posed by AI in trademark disputes. This approach, which focuses on interpreting case law and statutes (Hutchinson & Duncan, 2012; McConville & Chui, 2017), allowed for a deeper understanding of how trademark protections are evolving to address issues such as athlete branding and NIL rights. The study revealed trends in judicial reasoning and highlights the intersection of legal doctrines with emerging technological innovations.

The findings highlight the need for sport organizations to adopt proactive legal safeguards in their digital partnerships, ensuring that AI tools and platforms adhere to clear legal frameworks for brand protection The study also shows the importance of understanding AI’s potential for violating athletes’ NIL rights, particularly through the generation of unauthorized likenesses or false endorsements, as highlighted in right of publicity cases. By drawing on contemporary examples from the sport industry, the study further emphasizes how AI can both enhance and threaten brand integrity.

Ultimately, the study contributes to a deeper understanding of how trademark law, in conjunction with right of publicity doctrines, must adapt to the challenges posed by AI. It provides insights into how sport organizations can navigate the emerging legal landscape to protect their brands and athletes’ identities in an increasingly AI-driven marketplace.

Rights

© 2025, Suji Kim

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