NIL Pointers for Student Athletes – Part I
In continuing this week’s Name, Image, and Likeness (NIL) suggestions, below is the first part of general pointers for student-athletes to keep in mind when it comes to NIL matters:
- Student-athletes should strive to protect their personal brands, logos, and trademarks as early as possible. A student-athlete, on their own or with the assistance of legal counsel, can file a U.S. trademark application for a personal brand they have a bona fide intent to use up to three years before the student-athlete actually begins selling products or services under the personal brand’s trademark, so there is no reason to delay filing until sales begin. In the event the student-athlete’s brand becomes popular, the student-athlete will have the protections in place to have unauthorized products removed from online stores and to prevent infringement or counterfeits of the brand.
- Student-athletes—with the help of legal counsel—should also ensure that their NIL activities will comply with any applicable state law and university NIL rules. A lot of states have adopted NIL statutes and those universities in states without statutes have adopted their own institutional policies with which student-athletes must comply.
- Student-athletes should always remember that NIL deals are “compensation for something in return” meaning that the student-athlete must perform some service or activity that is identifiable in exchange for getting paid. Universities and their NIL partners may require proof of such activity (for example, a photo at an appearance). Further, if an NIL deal is terminated with no such service or activity provided by the student-athlete, then the student-athlete cannot receive payment, or retain pre-payment, for such deal as that would compromise the student-athlete’s amateur status.
