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.
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.
| Word | Policed by | Oppositions | Latest |
|---|---|---|---|
| Duke | Duke University | 16 | Jul 2026 |
| League | Major League Baseball Properties, Inc. | 11 | Mar 2025 |
| Yankee | New York Yankees Partnership | 9 | Mar 2026 |
| Series | Office of the Commissioner of Baseball | 8 | Mar 2026 |
| Madness | National Collegiate Athletic Association | 4 | Feb 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.
How we work with you.
Clear the name
A search and a straight read on risk before you invest in labels, packaging or a launch.
File it right
The right classes, a goods description that matches how you sell, and a specimen that proves use.
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.
Related help.
Trademark Registration
A clearance search and strategy before a USPTO filing that holds up.
Trademark Oppositions
Received a Notice of Opposition? Your answer deadline and your options for defending or settling it.
Filed It Yourself?
Attorney help when a self-filed application gets an office action, refusal, abandonment, or opposition.
Foreign Applicants
USPTO rules require trademark applicants based outside the US to be represented by a US-licensed attorney.
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