Modern football kits are no longer just sportswear. They are marketing tools, cultural symbols and major revenue generators. That commercial value also means greater legal scrutiny when designs borrow from existing creative works.

Recent reports surrounding Sunderland A.F.C.’s new away kit have highlighted how quickly questions around copyright can arise when clubs use imagery linked to local landmarks and public artwork.

Artist Andrew Small has reportedly claimed that elements of the shirt design resemble features of his sculpture “C”, which overlooks Roker Lighthouse. The dispute is ongoing, but it has already sparked wider discussion across the sports and branding sectors.

The Legal Grey Area Behind “Inspired By”

In creative industries, inspiration is common and perfectly lawful in many cases. However, copyright law protects the original expression of an artistic work, not simply the idea behind it.

That distinction can become difficult in practice. A design may reference a local landmark or artwork without issue, but problems can emerge where distinctive visual elements appear to have been carried across into a commercial product.

The question is rarely whether something has been copied exactly. More often, the issue is whether enough of the original work has been reproduced to amount to infringement.

Why Public Art Can Still Create Private Rights Issues

Businesses sometimes assume that artwork displayed in public spaces is automatically free to use commercially. That assumption can create significant risk.

Even where sculptures, murals or installations are publicly accessible, intellectual property rights may still belong to the artist or creator. Using those works on merchandise, branding or promotional material may therefore require permission or licensing arrangements.

For clubs and brands looking to celebrate local identity, this creates an important balancing act between creativity and legal compliance.

More Than a Legal Problem

Disputes involving branding and merchandise can quickly become commercial and reputational issues.

By the time a product launches, there may already be:

· manufacturing commitments;

· sponsor activity;

· retail distribution;

· marketing campaigns; and

· fan engagement tied to the design.

Any challenge at that stage can become expensive, disruptive and highly public.

In sectors like sport, where community identity and emotional connection are central, these disputes can also attract significant public attention beyond the legal arguments themselves.

Building IP Checks Into the Creative Process

One of the clearest lessons from the Sunderland situation is the importance of addressing intellectual property issues early.

Effective clearance processes should involve:

· checking whether existing rights may attach to artwork or imagery;

· ensuring contracts clearly allocate ownership and responsibility;

· confirming whether licences are required; and

· reviewing designs before production and launch.

Importantly, using external designers, manufacturers or agencies does not necessarily remove legal exposure for the organisation ultimately selling or promoting the product.

Berry Smith’s Bottom Line

At Berry Smith, our Intellectual Property team advises businesses on:

· copyright and trade mark protection;

· commercial IP agreements;

· licensing and permissions.

The Sunderland kit dispute demonstrates how quickly creative branding can become a legal issue where intellectual property rights are overlooked.

If you are interested or need advice in reviewing your IP strategy, registering a trade mark, or renewing or enforcing your rights, please do not hesitate to contact us at commercial@berrysmith.com or on 029 2034 5511.