I. Why IP and Brand Ownership Matter for Founders

Stephen Curry’s recent split from Under Armour after more than a decade of partnership highlights a simple truth. Control of your intellectual property is control of your future. For founders, IP is often the most valuable asset they will create. It determines leverage, long-term valuation, and whether the brand they built remains theirs as the company grows.

Many founders overlook IP ownership in the early stages. They prioritize partnerships, product, and distribution. However, without protecting brand assets, founders risk losing control of the identity and value they are building. Curry’s situation is a real-world example of what happens when a creator secures IP correctly from the beginning.

II. The “Borrowed Plan” Problem

A common issue among early-stage founders is that they build their brand on top of someone else’s infrastructure. This can mean platforms like Amazon or Shopify, partners who handle manufacturing, or employers when a founder is building a side project. In many cases, these third parties end up owning or controlling key brand assets.

Curry avoided this problem. Even though Under Armour produced and sold his footwear and apparel line, he retained ownership of the Curry brand. He owns his trademarks, his logos, and his name rights. This is fundamentally different from the Michael Jordan and Nike structure, where Nike owns Jordan-related IP. Curry’s ownership positioned him for flexibility when the partnership shifted.

III. IP as Strategic Leverage, Not Just Legal Paperwork

Intellectual property is more than a legal technicality. It is leverage.

Curry’s ability to leave Under Armour, avoid restrictive transitions, and explore a new global partnership was possible because he owned his brand. He was recently seen wearing Nike Kobe 6 Protro “Mambacita,” which has fueled speculation of an upcoming Nike deal. None of this would be feasible if Under Armour had owned his IP.

For founders, the same principle applies. Strong IP positioning:

• Increases investor confidence
• Strengthens negotiating power
• Reduces dependency on any single partner
• Protects against forced rebranding or loss of identity

Without ownership, the company’s brand, value, and freedom can be limited by outside parties.

IV. How IP Misalignment Creates Founder Risk

Misaligned IP ownership creates the same kind of structural risk that misaligned equity does. It becomes a silent threat to growth. Investors often flag IP issues as cap table problems.

Common risk points include:

• Overreliance on a platform like TikTok Shop, Shopify, or Amazon
• A manufacturer or marketing partner controlling brand assets
• Distributors holding partial rights through contract language
• Contractors owning creative work because no assignments were signed
• Missing, incorrect, or outdated filings that leave ownership unclear

These risks can pause funding, weaken exits, or kill deals entirely.

V. Preparing for Scale, Funding, or Partnerships: The IP Checklist

Before entering a major partnership or raising capital, founders should confirm the following:

• Trademarks are filed in the correct classes and owned by the company
• Branding, logo, and website rights have been fully assigned
• No partner has approval rights that limit brand use
• Contractors have assigned rights to any creative work they produced
• Product IP, formulas, software, and processes are properly owned
• Brand assets are portable and not dependent on a single partner or platform

Curry’s preparation paid off. Because he secured control early, he now has complete freedom to scale, partner, and reposition his brand.

VI. Brand Identity and Founder Vision

A founder’s brand is personal. It represents their identity, story, and promise to customers. Surrendering brand ownership too early or without strategy creates long-term tension. Curry’s brand eventually became larger than the Under Armour partnership itself. This made his independence even more important.

Founders should treat IP and brand ownership the same way they treat equity. It is fundamental to independence, valuation, and long-term negotiating power.

The Founder Takeaway

Stephen Curry’s split from Under Armour is a powerful reminder. Ownership of your brand is ownership of your destiny. IP should be secured early, cleaned up before investors review it, and protected with the same seriousness as equity.

Founders who control their IP control their future.

Written by Omar Zoubeidi, 3L at Loyola University Chicago School of Law. Omar will be sitting for the bar in July 2025. Omar is not yet licensed to practice law, and none of the information provided here should be construed as legal advice.

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