From Rivalry to Rights

Safeguarding Cricket and The Ashes Through IP

In the highly competitive world of sport, the race to protect ever-evolving intellectual property assets is an ongoing contest, with sporting clubs and associates protecting everything from team names, logos, slogans, and trophies, to inventions used in relation to the sport itself. Cricket is no exception, and few symbols are more iconic (or more protected) than ‘The Ashes’, the hotly contested cricket series played between Australia and England.

More than 140 years ago, a single cricket match sparked one of the sport’s greatest rivalries and one of its most enduring brands. In 1882, England suffered a shocking defeat to Australia on their own home soil – a loss so unexpected that a British newspaper theatrically likened it to the death of English cricket, declaring that ‘the body will be cremated and the ashes taken to Australia’. With a vow to return the ‘Ashes’ to England on their next tour to Australia, the English captain was presented with a small terracotta urn, said to contain the ashes of a burnt cricket bail, a potent symbol of what England sought to reclaim. Legend took root and what began as a newspaper quip became a tradition, a trophy, and one of the fiercest sporting rivalries in the world: the ‘Ashes’, forever contested between Australia and England.

The Ashes as a Brand, Not Just a Trophy

Today, the ‘Ashes’ isn’t just an historic cricketing rivalry, it has taken on a life of its own, even securing registration as a trade mark in both Australia and the United Kingdom. The Marylebone Cricket Club (MCC), being the custodian of the ‘official’ home of cricket, Lord’s Cricket Ground in London, works alongside the England and Wales Cricket Board (ECB) and Cricket Australia (CA), the national governing bodies for cricket in their respective jurisdictions, to manage and safeguard the use of the ‘Ashes’ brand.

To protect the integrity and commercial value of the ‘Ashes’ series, the MCC, ECB and/or CA, have secured registered trade mark protection for a range of trade marks across multiple classes in both Australia and the United Kingdom over the years. These registrations include:

The ECB has also secured registration of logos relating to the ‘Ashes’ cricket series such as:

Protecting the Urn Itself

The ‘Ashes’ Trophy, commonly known as the Ashes Urn, is one of the most recognisable symbols in cricket. The original urn is no longer presented to the winning team; instead, a Waterford Crystal urn-shaped trophy, commissioned by the MCC in collaboration with the ECB and CA, is awarded at the conclusion of each series. The original ‘Ashes’ urn remains the property of the MCC and is permanently housed in the MCC Museum of the Lord’s Cricket Ground.

     

Photos supplied by Author.

As shown above, a figurative representation of the ‘Ashes’ urn has been registered as a trade mark in both Australia and the United Kingdom by CA and the MCC. The MCC, ECB and CA rely on these registered figurative trade marks in the promotion and advertising of the ‘Ashes’ series, as well as on official licenced memorabilia and merchandise, including replicas of the ‘Ashes’ urn such as the example below:

Photos supplied by Author.

Broadcasting, Copyright and Creative Control

In 2013, CA made submissions to the Australian Law Reform Commission (ALRC), emphasising the critical role copyright plays in managing its media rights portfolio, including audio-visual, audio, photographic, and statistical coverage, of international and domestic cricket matches and related events, across a range of broadcast platforms. CA noted that media rights represent a substantial revenue stream, accounting for more than 60 percent of its total annual income.

Copyright, and where relevant, trade mark protection, also applies to the growing body of digital content produced by or on behalf of the MCC, ECB or CA. This includes mobile applications, administration and player management systems, statistical platforms, live streaming services, digital downloads, and social media content.

These protections enable CA, together with MCC and ECB, to control the licensing of their branding, including the ‘Ashes’ brand, to third parties, ensuring the integrity and the commercial value of those brands are maintained.

Sponsorship & Big Deals

Sponsorships have long played a significant role in both international and domestic sport, and cricket is no exception.

In mid-2025, CA entered into a major partnership with Westpac, which became the Principal Partner of the Australian Men’s and Women’s national cricket teams. This new partnership marked the end of CA’s 38-year sponsorship relationship with the Commonwealth Bank.

This new partnership will see Westpac’s ‘W’ logo displayed on the uniforms of the Australian Men’s and Women’s team for all matches played in Australia, as well as on the kits of the Australia A and Under 19’s teams. It will also see Westpac appointed an Official Partner of the men’s and women’s Big Bash Leagues, as reflected on the Big Bash Leagues’ website.

Since 2011, ASICS has served as CA’s Official Apparel Partner, supplying the training and match kits for the Australian Men’s and Women’s teams. ASICS’ branding appears alongside the Principal Partner’s logo and the CA emblem across official team apparel.

Innovation on the Pitch and Patents in Play

Cricket’s evolution is shaped not only by its traditions, but also by ongoing technological innovation, much of which is protected by patents spanning a wide range of equipment including cricket bats, protective gear, and stumps. Patent protection has allowed such inventions to not only enhance the game but also provide a space for inventors to commercialise their innovations.

In Australia alone, patent filings have covered inventions such as cricket wicket apparatus, practice and training equipment, pitch cover systems, cricket bats, ball tracking and prediction technologies, manufacturing methods for cricket balls, bat ‘knocking in’ devices, bowling apparatus, and various other training aids.

Notably, Grays of Cambridge (International) Ltd, the company behind the well-known Gray-Nicolls’ brand, and known for producing bats, balls, pads and gloves since 1855, has sought patent protection in Australia for a cricket bat and its method of manufacture. Importantly, this patent must comply not only with Australian patent legislation, but also with the MCC’s ‘Laws of Cricket’, which dictate the permitted dimensions and characteristics of equipment used in play.

Recent developments such as smart wickets and stumps, demonstrate cricket’s increasing integration of technology for fairness, entertainment, and enhanced viewing experiences. Cameras, sensors and LED indicators embedded into cricket stumps deliver real-time data and video review support for on-field decision making. The technology illustrates the important role intellectually property plays in protecting and fostering innovation in cricket, and in sport in general.

Conclusion

The ‘Ashes’ may be one of cricket’s oldest and most celebrated rivalries, but its longevity is underpinned by a sophisticated network of intellectual property rights that protects every aspect of the contest – from the ‘Ashes’ urn itself, to the ‘Ashes’ word mark, through to the promotion, advertising and broadcast content viewed around the world.

Through trade marks, copyright, licensing frameworks and patent protections, organisations like the ECB, MCC and CA can safeguard the spirit, heritage and commercial value of the ‘Ashes’ in an increasingly digital and global sporting landscape. By maintaining control over how the ‘Ashes’ brand is used, ensuring appropriate licensing arrangements, and encouraging technological innovation across the sport, intellectual property not only preserves the integrity of the game but also supports the ongoing evolution and vitality of cricket for generations to come.

 

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