Welcome to My Newsletter

Howdy! I'm Hank, a long-time IP lawyer and litigator. Welcome to my newsletter.

My main audience is creators and athletes who want to protect what they've built without needing a law degree to understand their options. The law degree part is my job. And I want to make things easier for y'all to understand.

You're smart, but do you have the time and interest to read "Reconciling the De Minimis Doctrine with Statutory Damages: Toward a Proportionality Framework in Digital Copyright Infringement"?

Yep, I thought so.

So please join me on this trip that's likely to be both long and strange. If just one article in just one of my newsletters saves you lots of time and money, I'll be happy.

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Cover Your Assets

Who Owns Your Name? The Brooklyn Beckham Cautionary Tale

Last month, Brooklyn Beckham made headlines when he publicly accused his parents — David and Victoria Beckham, heard of them? — of pressuring him to sign away the rights to his name before his 2022 wedding.

According to Brooklyn, his parents "were adamant on me signing before my wedding date because then the terms of the deal would be initiated. My holdout affected the payday, and they have never treated me the same since."

The UK's Intellectual Property Office shows that "Brooklyn Beckham" was trademarked in 2016-2017, with Victoria Beckham listed as the owner. A source close to the family clarified that Victoria filed when Brooklyn was a minor, and he's the "beneficial owner." But Brooklyn's statement suggests there may have been pressure to sign something more — possibly an agreement governing how his name could be used commercially within the family's brand empire.

Here's what creators should take away from this mess:

1. Your name is an asset. Treat it like one.

If you're building a personal brand, your name has commercial value. In the US, you can register your name as a trademark with the USPTO if you're using it in commerce — selling products, services, or content. Registration isn't absolutely required, but it gives you stronger enforcement rights and puts the world on notice. Just file the darn trademark application. : )

2. Read everything before you sign.

The gist of Brooklyn's complaint isn't really about who owns the trademark — it's about what he was allegedly asked to sign regarding how his name could be used. Creators regularly sign management agreements, agency contracts, and partnership deals that include provisions about intellectual property. Some of these are reasonable. Some sign away more than you realize.

Key things to watch for: exclusive rights grants, assignment of IP vs. licenses, terms that survive termination, and anything that restricts how you can use your own name or likeness in the future.

3. Family business is still business.

This is awkward to say, but family members can shiv you just as easily as strangers. Maybe more easily, because you trust them. If a family member wants you to sign something related to your name, brand, or creative work, read it just as carefully as you would with anyone else. Get independent advice if you need to.

4. File trademarks in your own name when possible.

If someone else trademarks your name — even a parent or manager — they may be listed as the legal owner, unless you gave them permission to file on your behalf and made sure you're the legal owner. You may have "beneficial ownership" through a separate agreement — meaning that you may keep certain rights like collecting licensing royalties — but that's one more thing to prove if there's ever a dispute. Where possible, file in your own name from the start.

The Beckham situation is UK-based, but the principles apply in the US too. Your name is your brand. Protect it.

And before you file, make sure the name is actually available. I put together a free Brand Name Risk Checklist to help with this.

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The NIL Scouting Report

High School NIL: A $2.3 Billion Market Reaches Your Kid's Locker Room

Name, Image, and Likeness (NIL) isn't just for college athletes anymore. High schoolers are now signing deals, and the market is bigger than most people realize.

At least 40 states now allow high school NIL in some form. Wisconsin and West Virginia both flipped in 2025 — West Virginia even extended NIL rights to middle schoolers. But seven states, including Texas, still prohibit high school athletes from profiting off their name, image, and likeness.

If you're a parent of a young athlete — or a young athlete yourself — here's what you need to know:

1. Check your state's rules first.

High school NIL is regulated at the state level, and rules vary dramatically. Some states allow it with minimal restrictions. Others require school approval or limit certain types of deals. A few still ban it entirely. Before signing anything, know where your state stands.

2. Contracts with minors have special rules.

In most states, contracts with minors are voidable — meaning the minor can walk away from the deal when they turn 18. This cuts both ways. Brands may require a parent or guardian to co-sign, making the contract enforceable. Parents should understand what they're guaranteeing.

Some states have specific laws for entertainment and sports contracts with minors (California's Coogan Law is the famous example). These often require court approval or set-aside accounts for earnings. Check whether your state has similar protections for athlete endorsements.

3. Agents and advisors may be regulated.

Several states require anyone acting as an agent for a high school athlete to be registered or licensed. Using an unregistered agent can create problems — including jeopardizing college eligibility in some cases. If someone approaches your kid about representation, verify their credentials.

4. Think about college eligibility implications.

The NCAA has loosened its NIL rules significantly, but there are still guardrails. Deals that look like pay-for-play — where compensation is tied to attending a specific school — can create problems. High school athletes signing NIL deals should keep documentation showing the deals are legitimate endorsements, not recruiting inducements.

5. Taxes are real.

NIL income is taxable. If your teenager earns more than the filing threshold (currently $14,600 for 2025), they'll need to file a return. If they're self-employed — which most NIL athletes are — they may owe self-employment tax on top of income tax. Set aside money for taxes from the start.

The high school NIL market is still evolving, and the rules will continue to change. But one thing is clear: young athletes and their families need to approach these opportunities with the same care they'd bring to any business deal. The money is real. So are the risks.

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See you next time,

Hank

P.S. Know a creator or athlete who'd find this useful? Forward this their way.

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About Hank's IP Brew

Creator IP Academy helps creators understand and protect their intellectual property. Got a question? Reply to this email.

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