Simone Biles: Trademarking Trailblazer Skills
California Lawyers for the Arts
Serving the Creative Arts Community Since 1974
As Simone Biles soars in the air, rotating twice in a pike position, all that crosses her mind is a feeling of intense terror when completing the Biles II (Vault). This Yourchenko-style vault is recognized internationally as one of the most difficult and dangerous skills in the history of Gymnastics and was named after Biles at the Gymnastics World Championship in 2023. The Biles II (Vault) is only one of five skills named after the Olympian.??
The whole world saw Simone Biles struggle with her mental health and a bad case of a disconnect between her brain and her body known as “the twisties” in the 2020 Tokyo Olympics. As the 2024 Paris Olympics approach its final events, it is imperative not only to honor the trailblazer for her flawless comeback but also to look into how Biles was able to have various skills trademarked.?
Trademarking skills have become increasingly common among athletes. Historically, skills have been named after athletes, a famous example is the “Fosbury Flop”. At the Mexico City Olympics in 1968, American high jumper Dick Fosbury pioneered this technique. Characterized by a backward jump that allows athletes to use the natural arch of their back to throw themselves over the high bar, the “Fosbury Flop” is now the standard technique performed in the Olympics. While this technique is widely associated with Dick Fosbury and used in media and sports commentary, it is ultimately a descriptive term rather than a legally protected trademark. The “Fosbury Flop” was never officially trademarked.?
In contrast, Simone Biles has victoriously trademarked her skills by following the guidelines of the International Gymnastics Federation. Biles has five skills named after her in the Women’s Code of Points of the International Gymnastics Federation; a rule book that defines the scoring system for the top level in gymnastics. As the International Gymnastics Federation states a female gymnast must “successfully perform a submitted skill at least once in World or Olympic competition” to have an element named after them. Trademarking these skills not only enhances Simone Biles’ global recognition but allows her to continue growing her brand while controlling and monetizing the use of her name and abilities in merchandise, media, and endorsement. Biles’ strategic approach to trademarking emphasizes the evolving nature of the sports world and the importance of safeguarding the intellectual property of athletes. As the world watches the concluding events of the 2024 Paris Olympics, we honor Simone Biles not only for her remarkable return but also for her clever approach to her career and legacy.?
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Sources:?
News, CBS. “5 Incredible Gymnastics Moves Named after Simone Biles.” YouTube, YouTube, 29 July 2024, www.youtube.com/watch?v=nv_0cx0aico.?
Simone Biles rising: Netflix official site. Watch Simone Biles Rising | Netflix Official Site. (2024, July 17)
“When High Jumper Dick Fosbury Changed the Game. Forever.” Olympics, 18 July 2020, olympics.com/en/news/when-high-jumper-dick-fosbury-changed-the-game-forever.