Protecting Your Legacy: What The Professional Golfer’s Trademark Battle Teaches Us About Estate Planning

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In January 2025, Tiger Woods's new apparel line, Sun Day Red, faced its second trademark dispute in four months—this time from Puma. The German apparel company alleged that Sun Day Red's logo, depicting a tiger with 15 lines to honor Woods's major championships, bore a confusing resemblance to Puma's iconic "Leaping Cat" logo. This followed a previous claim by Tigeraire, a company specializing in cooling products for athletes, which also accused Sun Day Red of trademark infringement.

While these high-profile trademark disputes unfold in the public eye, they underscore a critical lesson for individuals and families engaged in estate planning: the importance of safeguarding intellectual property (IP) assets.

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The Intersection of Intellectual Property and Estate Planning

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Intellectual property encompasses creations of the mind, such as trademarks, patents, copyrights, and trade secrets. For many, these assets hold significant financial and sentimental value. However, without proper planning, IP assets can become sources of contention or lose their value over time.

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Key Considerations for Protecting Your Intellectual Property

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1. Identify Your IP Assets: Begin by cataloging all intellectual property you own. This includes trademarks, patents, copyrights, domain names, and any proprietary designs or inventions.
2. Ensure Proper Registration: To fully protect your IP, ensure that all assets are properly registered with the relevant authorities. This legal recognition strengthens your position against potential infringements.
3. Incorporate IP into Your Estate Plan: Clearly outline how your intellectual property should be managed, transferred, or monetized in the event of your incapacity or passing. This may involve assigning rights to heirs, setting up trusts, or specifying licensing agreements.
4. Regularly Update Your Plan: As with all aspects of estate planning, it's essential to review and update your IP provisions regularly. Changes in laws, asset values, or personal circumstances can impact the effectiveness of your plan.

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Conclusion

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The legal challenges faced by high-profile brands like Sun Day Red and Puma highlight the complexities of intellectual property rights. For individuals and families, proactively addressing IP in estate planning ensures that these valuable assets are protected and properly managed for future generations.

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If you have questions about incorporating intellectual property into your estate plan, our firm is here to assist. Contact us to schedule a consultation and safeguard your legacy.

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