David-Victoria Beckham’s son Brooklyn’s Insta post ignites facets of celeb trademarks
David-Victoria Beckham’s son Brooklyn’s Insta post ignites facets of celeb trademarks
He stated that, ahead of his marriage to Nicola Peltz, his parents pressured him to sign away the rights to his name
The Instagram post by Brooklyn Beckham, the eldest son of Victoria and David Beckham, has ignited online discussion worldwide, highlighting an unusual aspect of celebrity trademarks.
Brooklyn stated that ahead of his 2022 marriage to Nicola Peltz, daughter of US billionaire and activist investor, Nelson Peltz, his parents pressurized him "to sign away the rights to my name." He added, the family valued "public promotion and endorsements above all else. Brand Beckham comes first."
However, Brooklyn did not elaborate on what he was asked to sign. His parents or representatives have also not spoken on the issue.
Meanwhile, UK filings show that the names of the former England soccer captain, David, and Victoria's four children are registered as trademarks. While Victoria is listed as the 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.
As per the UK Intellectual Property Office, Brooklyn's registration, covering beauty, cosmetics, clothing, toys and entertainment and other classes, will expire in December.
In February 2016, Authentic Brands Group entered a strategic partnership to co-own and manage David Beckham's brand. But if Brooklyn's trademark was connected to it is not clear.
The multi-million-pound family business of the Beckhams was built by David, who, in the 1990s and 2000s, signed several commercial deals while playing at Manchester United and Real Madrid.
Similarly, Victoria was a member of the Spice Girls, at that time, the UK's biggest pop group. In 2008, she launched her own fashion label and in 2019, a beauty brand.
The couple has lent their names to multiple products, including collaborations with other brands. Their four children, Brooklyn, Romeo, Cruz and Harper Seven, appear frequently at Victoria's fashion shows and online. Brooklyn and Romeo have also collaborated with brands.
Speaking about the matter, Mark Engelman, an intellectual property barrister at Burnell Chambers, explained that registering a trademark was relatively inexpensive. He added, "If (the children) do well, they can earn money from selling products or licensing the name to third parties.”
While in the UK, registering a trademark costs from 170 pounds ($230), plus 50 pounds for each additional class, and lasts for 10 years, in the US, the fees cost $350 upwards.
James Corlett, managing partner at law firm Beyond Corporate Law, said trademarking children's names for future commercial use was unusual but not unprecedented. He elaborated, "You're talking about two very famous individuals (throughout the '90s and twenties), who came together to create a powerhouse brand, protected using trademarks. They've been very savvy and astute with their use of trademarks. And the registration of Brooklyn's name is merely an extension.”
Corlett added that Brooklyn, now 26, could oppose any re-registration or extension of the family's trademark of his name when at the time of renewal. Moreover, if the name has not been actively used, he could challenge a renewal or apply for a trademark he could exploit independently.
The Beyond Corporate Law managing partner explained, "That's where things get interesting. The key element of Brooklyn's name is the 'Beckham' part of it, which would potentially conflict with the existing Beckham registrations."
He said that any dispute could ultimately be resolved through negotiation, limiting Brooklyn's use of his name in core ‘Brand Beckham’ categories such as fashion or fragrance.
Importantly, Brooklyn signaled a shift by adding Peltz to his surname after marriage. He uses the name in marketing his Cloud23 hot sauce, signing endorsements with the initials ‘BPB’.
For long, celebrities have trademarked their names for spinoff products. The practice increased with the rise of endorsements and social media to prevent others to profit from their names without consent.
In fact, disputes over such trademarks are not uncommon. Australian singer Kylie Minogue opposed efforts by US reality television star Kylie Jenner to trademark ‘Kylie’ for commercial use. She cited prior use and the risk of consumer confusion. However, she later said that the two had reached an agreement.
Similarly, singer Katy Perry has been embroiled in a long-stretched trademark battle with her namesake Katie Perry, a Sydney-based fashion designer whose label uses her birth name.
