OF COURSE, ALL RIGHTS ARE RESERVED : HOW MUCH IS FLOP WORTH TO FOSBURY?

Byline: Hal Bock Associated Press 

Some day, if the lawyers have their way, athletes will be attaching ``Patent Pending,'' notices to their signature moves, the plays and ploys that are unique to them.

This could come under the category of intellectual property, and the attorneys at Pennie & Edmonds, a New York-based firm specializing in that area of the law, are entirely serious.

When high jumpers approach the bar at the Atlanta Olympics, almost all of them will go over the barrier backward, a modern version of the Fosbury Flop technique introduced by Dick Fosbury in the 1968 games.

``That's illustrative of what we're talking about,'' said Rob Kunstadt, a partner in the firm. ``When he did it, it was thought of as ridiculous. Then the other jumpers tried it and found it beneficial to their performance. But Fosbury got nothing in his pocket from it.''

And that, the attorneys claim, is patently unfair.

Kunstadt, a recreational skier, cited the example of Ingemar Stenmark, who used a unique triangular stance on the slopes.

``Others copied it and it worked for them, too,'' he said.

Stenmark's contribution to the craft did not generate any extra income for him, though.

Pennie & Edmonds thinks that ought to change. The firm made its case last month in a National Law Journal article written by Kunstadt and associate attorneys F. Scott Kieff and Robert Kramer.

``It's legitimate to patent these moves,'' Kieff said. ``With those things that are useful to others, patent is the way to go. For those not useful but signature moves, like Kareem Abdul-Jabbar's sky hook, that's trademark.''

In fact, there are two pending trademark applications for stylized silhouettes of the Abdul-Jabbar sky hook. Of course, duplicating that move on the court might not be a simple matter for someone with copycat motives. He'd have to be 7-foot-2 to start and blessed with the fluid moves that Abdul-Jabbar had.

Still, the attorneys think there are violations of these rights all the time.

``Proving infringement is easy.'' Kieff said. ``It's right there. In World Cup skiing, coaches dissect techniques and teach the moves that others created. That's unfair.''

The way to make it fair, Kunstadt said, is to compensate the creators.

``Leagues and teams should consider the issue and make up rules,'' he said. ``It's not unfair to consider rewarding people for what they contribute. It could be trainers or coaches who come up with new techniques. There should be a system to reward people who contribute.''

Actually, leagues and teams already protect themselves. That's why athletes often appear in endorsements wearing generic uniforms. If they wear their regular uniforms, it is only with their team's consent, frequently allowed for charitable causes, not so frequently allowed for commercial ventures.

If, though, Ken Griffey Jr. is doing a Nike spot, he might very well appear in a Seattle Mariners uniform since the company has a deal with Major League Baseball Properties.

``Teams trademark logos and names,'' Kunstadt said. ``We suggest other avenues (of intellectual property law) are underutilized like patents and copyrights. For those advising athletes, not to look at this is being derelict.''

``What we find so remarkable,'' Kieff said, ``is that this is viewed as remarkable.''

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Photo

Photo: Kareem Adbul-Jabbar's famous shot could some day bepatented and marketed as ``The SkyHook.''

Daily News File Photo