Football: the most Important of the least Important things
- 24 hours ago
- 3 min read
That phrase, traditionally attributed to Jorge Valdano, perfectly captures what drives fans' passion: "Football is the most important thing among the least important things."
For those of us who have followed a team and had the privilege of attending matches regularly — faithfully wearing the jersey like a sacred ritual — that phrase explains what those two hours feel like. It is the time we dedicate to watching the ball roll across a pitch where 22 players fight relentlessly to achieve a single goal.
In those stands, we have laughed, shouted, and cried. That intensity makes us feel as though our beloved team or national squad belongs to us as much as the flag of the country where we were born. Yet we rarely stop to consider a harsh but undeniable reality: that collective passion is also the engine of a business we do not own.
Passion as a business model
Like any company, football uses identity elements to stay alive in the collective memory of its followers and to build a bond with them: colors, chants, jerseys, and idols.
All of these components can be protected through intellectual property. Ultimately, these intangible assets are essential for clubs to be economically viable and, consequently, successful on the pitch:
Copyright: The chants that echo through the stands, as artistic creations with music and lyrics, may be protected under this framework.
Trademarks: Team names, crests, and official kits are protected as trademarks — not only to identify sporting activity, but because merchandising (clothing, accessories, and promotional items) is key to keeping the club's image alive and generating revenue.
Athletes: The protagonists of the game use gestures that define their image and make them recognizable in any setting.
In the marketplace, anything that allows a business to differentiate itself from competitors and connect with consumers is a competitive tool. Football is no exception, especially considering that maintaining a professional squad and all its supporting infrastructure requires multi-million-dollar investments.
Colombia's top clubs handle figures that seem staggering. A high-profile club can generate revenues exceeding COP $100 billion per year. Of this, roughly 40% comes from ticket sales and season passes, and nearly 25% from sportswear sales. By contrast, expenses focused solely on payroll and sporting operations can reach COP $70 billion annually.
The line between love and commercial exploitation
Buying counterfeit products or engaging in any activity that interferes with a club's intellectual property rights directly impacts its revenues — and therefore hinders its sporting development.
A fan may buy and proudly wear their team's jersey, but their passion does not entitle them to profit commercially without the rights holder's authorization. In football, love and business travel different paths, even when they share the same destination.
This rule applies equally to players' image rights. Sporting idols are the absolute owners of their image rights and their economic exploitation. As a deeply personal right, no one may profit from another person's image without their consent, this includes any characteristic that makes them identifiable, such as Cristiano Ronaldo's signature stance before a free kick.
Even actions that may seem trivial like watching matches through unauthorized channels have real consequences for clubs' revenues.
An office anecdote
On one occasion, we advised a devoted fan who had developed a craft beer named after his beloved club's “nickname”. It was not easy to explain that his loyalty, demonstrated through tattoos and trips to every stadium he could find did not make him the owner of the club's rights, nor did it allow him to exploit a sign identical or similar to the crest he so deeply admired.
Had the club allowed that unauthorized beer to remain on the market, two serious problems would have arisen: first, a false association (where consumers assume the product is official); and second, a legal blockage that would prevent the club itself from launching its own beverage line in the future.
Industrial property in football does not seek to distance fans from their passion, it seeks to protect the ecosystem that makes the sport we love possible. In the end, safeguarding a club's assets is also a way of supporting the jersey.
In conclusion: Football is far more than a game that stirs deep emotions. It is also a highly competitive industry that requires a solid legal framework to remain viable. Intellectual property does not aim to separate fans from their passion, it aims to protect the economic foundation of the club they love. Understanding that passion for the jersey and respect for industrial property rights go hand in hand is what guarantees the sustainability of that passion.
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