‘Cold Palmer’ and Passing Off – The Goalposts of Brand Protection

December 5, 2025

Stephen Baker and Oliver Williams of our Dispute Resolution team explain what Cole Palmer’s trade mark applications mean and how to protect your own brand in the law of ‘passing off’.

Chelsea and England midfielder Cole Palmer has scored in the world of intellectual property law by successfully registering trade marks for ‘Cold Palmer’. The phrase refers to both his name and an iconic ‘shivering’ goal celebration associated with him as a professional footballer.

In this article, we explain what this means and how you can apply the law of ‘passing off’ to protect your own brand if your trade marks are not registered yet.

Cole Palmer’s Trade Mark Registrations Explained

Palmer’s successful registration of the phrase ‘Cold Palmer’ and other ancillaries comes as no surprise since it relates specifically to his name. Successful registration means that nobody can use ‘Cold Palmer’ in a commercial context without his consent, which is not particularly controversial. Celebrities such as Shaquille O’Neil (‘Shaq’) and Cristiano Ronaldo (‘CR7’) register trade marks for their nicknames and/or symbols to protect against non-authorised use.

By contrast, Palmer’s current application for a ‘motion mark’, a particularly rare type of trade mark, is more contentious.

Understanding Motion Marks in Trade Mark Law

As part of the motion mark application process, Palmer submitted a video of himself performing the ‘shivering’ celebration he hopes to register a trade mark for.

Palmer has only been using the ‘Cold Palmer’ motion since the end of 2023 and similar variations of the ‘shivering’ celebration have been used previously by other athletes such as the NBA’s Trae “Ice Trae” Young.

Though it is a common practice for athletes to protect their image rights by any and all available means, some might see Palmer’s applications as unfairly monopolising on a casual form of celebration. On the other hand, a successful registration will not prohibit other athletes from using the gesture, only from applying it commercially.

If the UK Intellectual Property Office approves the application for the motion mark, there will be a time period for potential opponents to emerge. Any opponent will need to present valid grounds for opposing the registration, which is the standard process for contentious trade mark proceedings.

If an opponent had, for example, already registered a trade mark for the same ‘shivering’ celebration, they could oppose Palmer’s application on the basis that they registered it first.

For more information on identifying and dealing with trade mark infringement, please consult our previous article here.

But how do you protect your brand when your trade mark isn’t registered yet?

What Is Passing Off in Trade Mark Law?

If you do not have a registered trade mark, you may still oppose registration of someone else’s trade mark on the grounds that you have an established reputation doing business using the mark that they are trying to register and their use of it is commercially detrimental to you.

How to Make a Passing Off Claim

To bring a claim in ‘passing off’ requires that you establish that:

  1. Your business has been ‘trading as’ the brand name, logo, or image the applicant is attempting to register for longer than they have, and as a result your business has the ‘goodwill’ associated with the trade mark;
  2. Their business is misrepresenting its goods or services as your business’, whether intentionally or unintentionally, causing confusion to the public; and
  3. This misrepresentation causes, or is likely to cause, financial and/or reputational loss to your business.

Making a claim for passing off is more complex than it seems and is less easy to prove than infringement of a registered trade mark. There are procedural requirements to follow in opposing or applying to invalidate a trade mark in which mis-steps can be easily made.

In making a claim for passing off, or indeed any claim for trade mark or copyright infringement, it is best to retain legal professionals to assist you.

How we can help

Our specialist solicitors are skilled in identifying legal issues surrounding intellectual property rights and providing practical solutions to our clients’ disputes. For more information on the contents of this article or advice on the issues raised, please contact us to speak to a member of our Dispute Resolution Team.

Stephen Baker
Partner, Head of Dispute Resolution
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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