Athletes · Creators · Public figures

Your name and likeness are worth protecting.

College athletes made name, image and likeness a household phrase, but NIL rights belong to anyone in the public eye. With AI able to copy a face or a voice in minutes, protecting them matters more than ever.

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TL;DR

Name, image and likeness (NIL) rights let you control and profit from commercial uses of your identity. They come mainly from state right-of-publicity laws, and a federal trademark can add nationwide protection for your name as a brand.

Modern Mark reviews NIL and endorsement deals, registers personal brands as trademarks, and helps with unauthorized uses, including AI deepfakes and voice clones.

What are NIL rights?

The right to control and profit from commercial uses of your name, image, likeness and, in many states, your voice. Most of that protection comes from state right-of-publicity laws, which vary from state to state.

College athletes have been able to earn from their NIL since July 2021, and the rules on what schools and collectives can pay keep changing. The same principles apply to influencers, creators, coaches and anyone else with a public profile.

Can I trademark my own name?

Yes, if you use it as a brand for goods or services, such as merchandise, a podcast or a coaching business. Your written consent goes in the application, and a name that is mainly a surname may need proof that customers see it as a brand.

Registration matters because the right of publicity varies by state, while a federal trademark covers the whole country. See trademark registration.

Which words do sports leagues and schools police?

Ordinary words, and hard. Major League Baseball has opposed 11 applications using “League”, the Office of the Commissioner of Baseball 8 using “Series”, and Duke University 16 using “Duke”. Search before you build a personal brand on a sports-adjacent word.

Leagues and schools whose opposition watch reaches personal brands. Oppositions counts applications containing the word that the owner opposed; “+N” means other owners also police it.
WordPoliced byOppositionsLatest
DukeDuke University16Jul 2026
LeagueMajor League Baseball Properties, Inc.11Mar 2025
YankeeNew York Yankees Partnership9Mar 2026
SeriesOffice of the Commissioner of Baseball8Mar 2026
MadnessNational Collegiate Athletic Association4Feb 2025

What can I do about an AI deepfake or voice clone of me?

Act on several fronts. A growing number of states protect against unauthorized digital replicas, platforms remove impersonation and deepfake content, and if the fake uses your registered name or marks to sell something, trademark law applies too.

Copyright can help when the fake copies your own photos, videos or recordings. The fastest route depends on where the content appears and how it is used. See trademark enforcement.

What should I look for in an NIL deal?

What you are licensing and for how long, where and how your name and image can be used, approval rights, exclusivity, payment terms, and how either side can end the deal. Student athletes should also check school, conference and state rules before signing.

Not legal adviceThis page gives general information about US trademarks in this industry and is not legal advice about your situation. USPTO rules, fees and deadlines change, and every matter turns on its own facts. Company names in the tables are drawn from public TTAB records and are shown for information only. Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

How we work with you.

01

Clear the name

A search and a straight read on risk before you invest in labels, packaging or a launch.

02

File it right

The right classes, a goods description that matches how you sell, and a specimen that proves use.

03

Defend it

Office actions, oppositions and enforcement, with a clear view of cost before each step.

More questions.

Q01Do NIL rights continue after death?

In some states, yes. Several states protect a person’s publicity rights after death, so an estate can control and license them. See legacy and estate planning.

Q02Are NIL rights the same as a trademark?

They overlap but differ. NIL rights protect your identity under state law, and a trademark protects a name or logo used as a brand. Many public figures use both.

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