Recently I’ve asked clients to resubmit their main copy requests. Seeing it’s the holidays, I felt a bit of a scrooge. But the names they wanted to use–”Grandma’s Marathon” and “USAF” were just two out of thousands of names we are not “licensed” to use at SportsPottery.com. There is often a bit of confusion on this matter as SportsPottery.com is indeed licensed with a handful of organizations:
Here are the names we are currently licensed to use:
The Boston Marathon (The world’s oldest annual marathon) www.baa.org
The Marine Corps Marathon www.marinemarathon.com
Oakmont Country Club (host of 2007 U.S. Open)
Seminole Golf Club
The Los Angeles Country Club
The Atlanta Track Club www.atlantatrackclub.org
And this past summer (as well as several summers past) we made official merchandise for:
The 2007 U.S. Open http://www.golfsurround.com/usopen/2007/index.html
The 2007 PGA Championship http://www.pga.com/pgachampionship/2007/index.html

I’ve been told that Phil Mickelson has one of our pieces. I know Venus and Serena Williams do. I made platters for the sisters when they won their first grand slam tennis tournaments. Also, Lindsay Davenport has a platter I painted to commemorate an Australian Open victory.
But I digress. These pieces were purchased by the organizations themselves: The PGA and The WTA (Women’s Tennis Association.) They own the rights to their names. Therefore, they can use their names for their purposes as they like. In this example, their names were used to give gifts to the folks, (superstar sports figures) who represent their tour. The same is true for the golf clubs. They buy logo’d ornaments to resell in their pro shops to members and guests.
In the case of the U.S. Open and PGA Championship ornaments, the balls were also purchased at wholesale from www.sportspottery.com by the USGA and PGA. They, were then resold at retail inside merchandise tents at two of the four majors of golf.
In the case of the marathons, the race organizations get a percentage of sales in exchange for allowing us (or anyone like a major athletic shoe company) to use their name and logo to sell merchandise. We get to use their name on our products. We set-up a booth at their expo and promote the products at www.sportspottery.com The idea is that our sales increase because we are using the organization’s official language and marks.
Why does an organization let us use their intellectual property? What’s in it for them?
Financial return
Promote their name and brand
Offer quality goods and services to their clientele
SportsPottery.com was licensed with the ING New York Marathon in 2004 and 2005. http://www.nycmarathon.org/home/index.php The contract came to the finish line when they asked us for $25,000 to continue the agreement. That’s the value they place on their event and their name. Since their name is their property, they get to call the shots.
So what is licensing exactly?
Licensing is the act of giving a contractual right to another party to use certain property that is owned by someone else. In the case of SportsPottery.com, that “property” we ask to be licensed to use is known as “intellectual property.”
Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
The name, “SportsPottery” is trademarked and is “intellectual property,” itself. SportsPottery.com is a URL domain registered and owned by Sharna Fulton Designs Inc. since 1998. www.thesharnashop.com is also owned by yours truly.


My newest venture, Chloe Pink TM, www.chloepink.com is also intellectual property of Sharna Fulton Designs, Inc. She is a cartoon character I’ve recently trademarked. She stands for confidence, curiosity and a cafe culture zest for life for every girl and every woman. Every card, every word and image that has gone into creating the 32 cards in the line thus far are also copywrited by the U.S. Copyright Office. I hope someday, someone will come to me and say, “Hey Sharna. Will you license us to use Chloe Pink TM on our bags, t-shirts, movie, our…whatever. You get the idea. Chloe and her scottish terrier mutt, Pete are my babies, my brainchildren. And I’ve taken the necessary legal prevention steps to let others know that. Hopefully, their style of humor, sarcasm and friendship is a brand like no other.
Branding allows a company to differentiate themselves from the competition and, in the process, to bond with their customers to create loyalty. So a position is created in the marketplace that is much more difficult for the competition to poach.
And here’s where we get to the crux of the matter. This is the good ol’ United States. Marketing and capitalism are numero uno here. The ability to come up with ideas and inventions and then bring them to the marketplace to further our livelihoods…this is our birthright as Americans!
To then, sell our brother (or sister) down the river…to steal their intellectual property, their logos, their names, their ideas would be to not accept the notion that one of the things that makes our country great is our creative and enterprising AND HONEST spirit. And that we must value that in each other and appreciate the personalities of these brands created by our own brethen.
In addition, we must respect our own selves enough, so as NOT to steal. To have faith and believe we have what it takes to develop original material that will somehow make a difference to someone on this planet. So as to come up with our OWN ideas…even if it falls flat on the floor 100 times over. We get up and try it again. This is the legacy and history lesson of Einstein, Schultz (Charles and Howard), Jobs, Knight, Gates, Walton, Turner, Winfrey and Edison to name a few.
The Chinese are kicking our butts in manufacturing. But in America, it’s the IDEA that reigns supreme. And the marketing of that idea that differentiates us from our Asian trading partners. Hence Starbucks, CNN, Apple, Microsoft, Coca Cola, American Express, Barnes & Noble, Walmart, Nike, etc.
As an artist who makes a living creating new products, new ideas and new ways of doing business, I could never steal a logo or name we’re not licensed to use. That would not only be unAmerican, but totally unartistic. It would be cheating myself because I hold the “creation of ideas” in the highest esteem. I would not want anybody to steal my work–and they have—and thus, would not do it to someone else.
I hope this little soap box blog on licensing sheds some light on why we (I) reject other company’s intellectual property (names & logos) quite often. While we aim to offer unique gifts at www.sportspottery.com celebrating mostly athletic achievement, it’s the personality of that “giftee” we must proudly tout…not the event that person participated in.
I encourage each potential SportsPottery.com customer to create your own “brand” as you write copy, choose colors and a visual icon to create your own SportsPottery gifts at our on-line shop. So what? We won’t hand paint the words “ING New York City Marathon” on your sportspottery gift. (We’re not licensed…remember?) Instead, we can put, “Sally PR’d in New York” with a 26.2 at the bottom of her mug. After all, there’s a good chance, Sally’d rather look at her own name–not ING’s when she drinks her cup of joe every morning.
For more information on copy/art rules for your sportspottery piece: http://www.sportspottery.com/faq.php#3