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Every college and university in the world owns intellectual property. One of the most important aspects of a university’s intellectual property is its trademarks. Consider any “big-time” college athletics universities, such as the University of Alabama, Michigan, or Wisconsin. Each has iconic team colors, mascots, uniforms, fight songs, and logos. These universities carefully cultivate their reputation and

The NCAA Division I Committee on Infractions (COI) has announced an infractions decision for violations of the NCAA’s name, image, and likeness (NIL) and recruiting rules in the Florida State football program. The conduct in question stems from an assistant coach facilitating a meeting between a prospective transfer student-athlete and an NIL collective affiliated with the

In 2021, the U.S. Supreme Court ruled that the NCAA and its conferences violated the Sherman Antitrust Act in NCAA v. Alston, by capping college athletes’ ability to receive educationally related financial benefits. The Sherman Act prevents otherwise competing entities (such as individual universities) from entering into agreements with each other that unduly restrain competition in a

On August 15, 2023, Frieser Legal hosted an NIL contract drafting webinar. Principal Attorney Joshua Frieser was joined by Sean McCarthy, Associate Athletics Director for Compliance at Seton Hall University, and Conor Chawke, NIL Marketing Agent at Rosenhaus Sports Representation, to discuss best practices for drafting and negotiating name, image, and likeness contracts. The topics

An NIL collective is a group of boosters, donors, and community members (fans) or the like that contribute financial resources into a pool for the purpose of developing paid name, image, and likeness (NIL) opportunities for their preferred university’s student-athletes. Some collectives have for-profit arms and nonprofit arms. NIL collectives have structured their organizations to