As athletes increasingly seek to monetize personal brands beyond the field, jersey numbers are now driving ventures such as restaurants, apparel lines and licensing deals. But such business ventures are not without risk. The recent trademark lawsuit targeting Patrick Mahomes and Travis Kelce over their “1587” restaurant brand — named by combining their jersey numbers — highlights a growing and critically important issue in modern sports business: Who, if anyone, owns a number once it leaves the game and begins functioning like a brand? How can athletes build a strong brand around their jersey numbers when the pool of available numbers is inherently limited?

The number is the brand

As professional athletes increasingly build off‑field brands around their identities, jersey numbers have evolved from functional identifiers to commercial assets — assets that can be surprisingly difficult to protect and that can cause unexpected off-field brand collisions. But an athlete does not automatically have rights in their own jersey number, and popularity and on-field success do not necessarily generate trademark rights in the number.

Trademarks are a common business tool for creating and protecting a brand as an intellectual property asset. Under U.S. trademark law, ownership usually goes to whoever uses a brand first in commerce. Early use can create enforceable rights, and taking proactive steps like formally filing with the U.S. Patent and Trademark Office (USPTO) can strengthen those rights and reduce the risk of future conflicts. In the U.S., a trademark application can be filed even before........

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