How Do You Protect Your Name, Image, and Likeness (NIL)?

Your name, image, likeness, voice, signature, catchphrases, and other recognizable aspects of your identity can have real commercial value. For athletes, entertainers, creators, influencers, entrepreneurs, and other public-facing professionals, those assets may become part of a personal brand and a source of licensing, endorsement, sponsorship, and business opportunities.

But having a recognizable identity does not automatically mean every aspect of it is protected in every situation.

Protecting your name, image, and likeness, commonly called NIL, may involve a combination of rights of publicity, trademark protection, carefully drafted contracts and licenses, and active monitoring and enforcement.

How Does Name, Image and Likeness Protection Work?

NIL stands for name, image, and likeness. The term generally refers to identifiable aspects of a person's identity that may have commercial value.

NIL can include more than your legal name or photograph. Depending on the circumstances, valuable elements of a personal brand may include:

• A name or nickname

• Photographs and video

• A recognizable likeness

• A voice

• A signature

• A catchphrase

• A distinctive logo or design

• Other recognizable aspects of a person's identity

NIL is frequently discussed in connection with college athletes, but NIL and related intellectual property issues can also matter to entertainers, filmmakers, content creators, influencers, entrepreneurs, and others whose identities have commercial value.

Is NIL the Same as a Trademark?

No. NIL rights and trademark rights are related, but they are not the same thing.

Rights involving a person's name, image, likeness, and identity are generally governed by state law, and the protections available can vary from state to state.

Trademark law serves a different purpose. A trademark identifies the source of goods or services. When a person's name, nickname, logo, slogan, or another element of their identity functions as a brand in commerce, trademark protection may become an important part of an overall NIL strategy.

For example, someone who uses a name or personal brand in connection with endorsements, merchandise, appearances, entertainment services, or other commercial activities may want to evaluate whether federal trademark registration is appropriate.

Can You Trademark Your Name or Personal Brand?

Potentially.

A name, nickname, signature, logo, slogan, or other element associated with a person may qualify for trademark protection when it functions as a trademark and meets the applicable legal requirements.

Federal trademark registration can provide significant benefits, but simply being known by a particular name does not automatically make that name federally registrable as a trademark.

The right strategy depends on how the name or brand is actually being used or will be used in commerce.

That is why it can be valuable to think about trademark protection before a personal brand becomes significantly more valuable.

What Should an NIL Agreement Cover?

An NIL agreement should clearly define what another person or company is receiving permission to use.

Important questions can include:

What can they use? Is the agreement limited to a name and photograph, or does it also cover video, voice, signatures, catchphrases, logos, social media content, or other elements?

Where can they use it? Consider the platforms, media, products, advertisements, territories, and distribution channels covered by the agreement.

How long can they use it? A license should address its duration and what happens to existing advertising or content when the agreement ends.

Is the agreement exclusive?An overly broad exclusivity provision could limit future sponsorship, endorsement, licensing, or business opportunities.

Can the rights be transferred? The agreement should address whether another party can sublicense or assign the rights.

How will AI or digital replicas be handled? Modern agreements may also need to address synthetic media, AI-generated content, digital replicas, and other technologies capable of recreating a person's appearance or voice.

The details matter because a valuable NIL transaction is not only about how much someone is being paid. It is also about which rights are being granted and how much control the person retains.

What Happens If Someone Uses Your NIL Without Permission?

The available options depend on what was used, how it was used, where the conduct occurred, what intellectual property rights exist, and other facts.

Possible responses can include investigating the unauthorized use, requesting removal, sending a cease-and-desist letter, enforcing contractual rights, asserting trademark or other intellectual property rights where applicable, or pursuing claims available under state law.

Because NIL protections vary and several different areas of law can overlap, there is no single enforcement strategy that works for every unauthorized use.

Does AI Change NIL Protection?

AI makes proactive NIL and brand protection increasingly important.

Technology can now make it easier to generate realistic images, voices, videos, and other content that appears to feature a real person. That creates new questions about authorization, licensing, impersonation, digital replicas, and brand reputation.

Athletes, entertainers, creators, influencers, and other people building valuable personal brands should consider whether their contracts address AI-generated uses and whether important elements of their brands may also qualify for trademark or other intellectual property protection.

Who Should Think About NIL Protection?

NIL planning is not just for professional athletes or celebrities.

It may be worth considering if you are a:

• Student-athlete

• Professional athlete

• Entertainer or performer

• Filmmaker

• Content creator

• Influencer

• Entrepreneur

• Public personality

• Professional building a recognizable personal brand

Businesses entering sponsorship, endorsement, or licensing relationships also need to understand what rights they are actually receiving and how those rights may be used.

How Can You Protect Your NIL?

A strong NIL strategy may include identifying commercially valuable elements of your personal brand, evaluating potential trademark protection, reviewing agreements before granting rights, defining the scope of licenses carefully, addressing AI and digital-replica uses, maintaining records of commercial use, monitoring for unauthorized uses, and enforcing rights when necessary.

The best time to think about these issues is often before signing the deal or discovering unauthorized use.

Get Strategic Advice About NIL and Personal Brand Protection

Your identity can become a valuable business asset. Protecting it requires understanding not only the opportunity in front of you, but also the rights you may be giving away.

Darden IP Law advises clients on intellectual property, trademarks, licensing, contracts, rights of publicity, entertainment and media matters, and related issues involving valuable creative and commercial assets.

If you are evaluating an NIL opportunity, building a personal brand, negotiating a licensing or endorsement agreement, or dealing with unauthorized use of your identity, contact Darden IP Law for a free consultation.

This article is provided for general informational purposes and does not constitute legal advice. Please reach out to get advice on your situation.