Traditional sports have created incredibly successful video games for companies like Electronic Arts and Take-Two Interactive Software with massive fan followings. The sales alone show the immense power of partnerships between traditional sports leagues and video games, but how are video game companies able to sell their games and products with the branding of league such as FIFA or the NFL? The simple answer is licensing.

When thinking of a large company like McDonald’s, the golden arches or the bright red and yellow colors of the restaurant is instantly recognizable. The logo and name are protected from infringement by having a federally registered trademark, but what about the “I’m lovin’ it” jingle? It comes at the end of every McDonald’s television commercial, any time you see a video about McDonald’s on social media, or sometimes even in conversation with your family about which fast food restaurant to stop at on a long road trip. Did you know that the jingle is also a federally registered trademark?

One of the foundational steps when starting your esports company is to ensure that your branding is going to be usable long term by securing a federally registered trademark. I consider this to be as important as setting up the proper business entity and utilizing written contracts in each professional relationship that you or your company will be entering into.

How much of a sample can I use in a song? Can I use a snippet in my YouTube video? What if I change it up a little bit? What if I only use a few second? Isn’t that fair use?