You are a Commercial Director or Head of “Internationalisation” at a UK football club with a recognisable brand and growing following.

You are looking to emulate the larger clubs and European giants or even Wrexham A.F.C. on successfully exporting their brands to the US.

You are even willing to convert your 100+ year old footballing institution into a “Soccer Club”.

Yes, the upside could be huge in the world’s largest consumer marketplace, which is developing a growing appetite for the beautiful game.

However, so too are the risks, which extend beyond the profit and loss account.

UK soccer clubs marketing themselves in the USA must be mindful of several legal and regulatory issues, which include Intellectual Property, Consumer Protection, Data Privacy, Advertising Laws, and Sponsorship Agreements.

As specialist UK-US sports and entertainment lawyers we have advised sports organisations, including UK and European football / soccer clubs, here are key legal considerations that we find ourselves counselling our clients on most frequently:

1. Trademark & Intellectual Property (IP) Protection

• Register Trademarks in the USA: UK trademarks do not automatically apply in the U.S. Clubs should register their name, logo, and slogans with the United States Patent and Trademark Office (USPTO).
• Avoid IP Conflicts: Ensure no U.S. businesses (e.g., local teams, brands) hold similar trademarks that could cause disputes.

2. Compliance with U.S. Advertising & Consumer Laws

• Federal Trade Commission (FTC) Regulations: U.S. marketing must comply with truth-in-advertising laws, prohibiting false or misleading claims.
• Endorsements & Influencer Marketing: If using influencers or celebrity endorsements, FTC requires clear disclosure of paid promotions (e.g., using #ad).

3. Data Privacy & GDPR Compliance

• If collecting personal data from U.S. fans (via websites, social media, email signups), clubs must comply with:
  • U.S. privacy laws (California Consumer Privacy Act – CCPA) if targeting California residents.
  • General Data Protection Regulation (GDPR) if processing data of EU/UK citizens.
  • Ensure proper cookie consent and opt-in marketing policies.

4. Sponsorship & Commercial Partnerships

• U.S. Contract Law Applies: Any sponsorship or partnership agreements with U.S. companies must comply with U.S. contract law.
• Restricted Industries: Some sponsorships (e.g., betting companies) may face restrictions in certain U.S. states due to gambling laws.

5. Broadcasting & Media Rights

• Territorial Licensing: Clubs must ensure that media rights agreements (e.g., with Sky Sports, NBC Sports, ESPN or independent broadcasters and production companies) do not violate existing U.S. licensing and media rights deals.
• Streaming & Digital Content: Compliance with DMCA (Digital Millennium Copyright Act) if using content across digital platforms in the U.S.

6. Visa & Work Authorisation for Events

• If the club is hosting pre-season tours, exhibition matches, or promotional events, it must secure the appropriate U.S. visas for players and staff.
• P-1 Visa (for athletes), O-1 Visa (for individuals of extraordinary ability), and B-1/B-2 (for promotional activities) may be required.

7. NIL (Name, Image & Likeness) Rules

• If UK clubs work with U.S. college athletes (for endorsements or training camps), they must follow NCAA Name, Image, and Likeness (NIL) rules.

8. Ticketing & Fan Engagement Laws

• Scalping Laws: Clubs must be careful about ticket reselling policies in different U.S. states.
• Refund Policies: Must be transparent and comply with U.S. consumer protection laws.

Of course this list of our top considerations is only a brief summary and there will likely be other issues to discuss based on your clubs specific circumstances… For example, I have not mentioned whether you should incorporate a US corporate entity to own and/or manage any Intellectual Property assets and capitalise on marketing or licensing opportunities which is material for another post. Nor have I included basic legal “housekeeping” points, such as avoiding untoward complications on your clubs’s US tours by ensuring all age-related laws in particular states are observed!

Hopefully, however, you know a little more and are slightly better equipped to compliantly embark on your US expansion than you were 5 minutes ago.

For expert legal support tailored to your football club’s US expansion, or to learn more about how we can help to navigate the complexities of the US market, get in touch with our US Sports Law experts.

Contact us at [email protected] or call +44 208 004 7016.