Can A Student Athlete [NIL] Use The University’s Trademarks, Logos, Colors?
Photo by Konstantin Evdokimov on Unsplash
One of the first questions I field from potential endorsers/brand partners regarding student athlete Name, Image, and Likeness (NIL) is "can I use the university's logo, jersey, or team colors in connection with the student athlete?" And the answer: probably not.
The newly passed Name, Image, and Likeness (NIL) state laws, university regulations, and NCAA NIL Guidelines are about the student athletes’ NIL, not the trademarks and branding of a university.
Can A Student Athlete Use The University’s Trademarks, Logos, Colors?
Texas A&M is proud to be a state school. Its marks, logos, colors, and name are intellectual property belonging to the school. Texas law on student athlete NIL forbids use of a university’s intellectual property in conjunction with a student athlete’s NIL.
Texas A&M offers guidance (and most other universities will have NIL FAQs) on this issue because it is a frequent concern for potential sponsors and endorses as they consider deals with student athletes.
The rush to monetize a student athlete’s NIL, after the July 1, 2021 NCAA adoption of its Name, Image and Likeness Interim Policy, can make inking an NIL deal feel like the wild-west. Potential sponsors and endorsers have to work within the various levels of regulations and rules.
Brands that sign NIL deals with student athletes are restricted by Texas law and university guidelines and cannot use the following university indicia:
School and team colors
School names and nicknames
Team names and nicknames
School and team logos
Mascots
Uniforms
University of Texas Austin NIL FAQs state: “Texas state law prohibits student-athletes from earning NIL-compensation in exchange for property owned by The University of Texas or Texas Athletics, or for providing an endorsement while using intellectual property or other property owned by The University of Texas or Texas Athletics.”
University and Student Athlete Partner in NIL Deals
The exception to the rule is when the university and student athlete enter into a co-licensing or joint deal which allows for using the university’s trademarks along with the student athlete’s NIL. The University of Texas inked a deal with The Brandr Group to allow athletes to use UT trademarks and logos in NIL deals.
Student Athletes are Prohibited From Endorsing Certain Products and Services
Promoting student athletes, securing contracts for them, and displaying their NIL in marketing campaigns has led to some potential speed bumps for eager student athletes, sponsors, and universities.
Student athletes are welcome to sign NIL agreements with various entities that do not cross boundaries set by the students’ educational institutions. For example, the University of Texas Austin spells out the types of promotions student athletes cannot endorse:
Alcohol
Tobacco products
E-cigarettes or any other type of nicotine delivery device
Anabolic steroids
Casino gambling
A firearm the student athlete cannot legally purchase
A sexually oriented business
A representative of a student athlete will quickly discover the same or similar wording in all state institution NIL regulations. Also remember, each university reserves the right to approve or deny any proposed student athlete NIL deal.
Feel free to telephone or text my office at (972) 244-3210 or send a message via the contact us form below. I look forward to protecting the rights of our college athletes, Texas schools and athletic conferences, and potential sponsors.
