New Jersey Assembly Panel in Favor of Student-Athlete Endorsement Deals

The New Jersey Assembly Higher Education Committee voted in favor of the New Jersey Fair Play Act on March 5, 2020. The bill would permit college athletes within the state of New Jersey to receive compensation for endorsement deals. The panel voted 2-4 to advance the legislation, which would ultimately take effect in five academic years after its enactment.

If signed into law, the New Jersey Fair Play Act would ensure the right of student-athletes to make money off of their name, image, and likeness …

February 19, 2020 Ethics / Soccer / Sponsorships

UEFA Calls Penalty, Bans Manchester City from Champions League for Two Seasons

Last week, the Union of European Football Associations (UEFA) made waves among the soccer universe when it announced Manchester City Football Club (Man City) has been banned from the Champions League for two years, as well as fined 30 million euros (roughly 32.4 million USD).

First, some brief background. In 2018, emails were hacked and released that showed senior officials within Man City discussing implicit attempts to circumvent UEFA’s financial regulations. According to Spiegel International, a German newspaper, the released articles demonstrated that – among …

February 5, 2020 NCAA / Sponsorships

NCAA Agrees: Student-Athletes Can Receive Funding for Olympic Training

The NCAA has determined that elite collegiate athletes may receive funding for Olympic training without risking their eligibility under the organization’s amateurism rules.

The Division I Counsel, a 40-person committee that oversees the NCAA, came to this decision at the NCAA 2020 Convention in Anaheim, California. As we have previously reported, the NCAA’s rules of amateurism currently prohibit college athletes from being financially compensated for their athletic performance. However, in a slight modification to this provision, the Division I counsel decided that elite …

January 29, 2020 Advertising / Celebrities / Golf / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / PGA / Sponsorships / Trademark

Fore! Jack Nicklaus Sues Maker of Golf Training Technology for Trademark Infringement

Golf legend Jack Nicklaus has sued PowerPro Sports LLC, alleging that they are unlawfully using his likeness and trademarks without his permission to promote a product.

Nicklaus Companies LLC, Jack Nicklaus’ corporate vehicle, has sued PowerPro in Florida federal court. PowerPro makes the Powerchute golf training technology, which the company claims improves golf swing through the use of aerodynamic drag. Nicklaus argues that PowerPro violated his right of publicity under Florida law, as well as violated the federal Lanham Act by engaging in false endorsement, …

January 8, 2020 Antitrust / Legislation / Litigation / NCAA / Sponsorships

NCAA President Says Student-Athlete Compensation Rule Changes Limited by Antitrust Lawsuits

NCAA President Mark Emmert stated in a panel that the NCAA’s planned reforms regarding student-athlete compensation will be limited by rulings in various antitrust cases.

After California passed a law allowing for student-athlete compensation and many states looked to follow, the NCAA announced in a statement that it would allow student-athletes to benefit off their name, image, and likeness. The NCAA stressed that any changes would have to be consistent with the collegiate model.

In addition to new laws and proposed legislation, the NCAA …

December 12, 2019 Legislation / NCAA / Sponsorships

An Unusual Coalition: Five U.S. Senators Spark Bipartisan Effort on Student-Athlete Compensation

A group of five United States senators announced that they will be discussing the drafting of federal legislation addressing the compensation of college athletes. The five senators are: Cory Booker, D-New Jersey; Chris Murphy, D-Connecticut; Mitt Romney, R-Utah; Marco Rubio, R-Florida; and David Perdue, R-Georgia.

As we reported earlier, California became the first state to allow student-athletes to be compensated through endorsements or sponsorships. The NCAA was vehemently opposed to any efforts to mandate payment of college athletes and even threatened to ban California schools …

October 15, 2019 Litigation / NCAA / Sponsorships

(Anti)trust the Process: Could a Ban-But-Not-Break Gamble lead to the NCAA’s Doomsday Scenario?

Money and power. The NCAA for years has had both but now may end up with neither.

The recent passing of California’s Fair Pay to Play Act has the potential to fundamentally change college sports forever. This groundbreaking legislation allows athletes from in-state schools to earn compensation through endorsements. Trying to prevent the floodgates from opening, the NCAA is firmly planting its foot down, demonstrating its unwillingness to move off the status quo. Instead, they are threatening to ban California schools from competition rather than …

October 7, 2019 Litigation / NCAA / Sponsorships

Ex-Athlete, Now Congressman, Ready to Suit Up Against the NCAA

On September 30, 2019, it was reported that California Gov. Gavin Newsom signed into law the Fair Pay to Play Act. Previously, we have reported that the bill will allow student-athletes at the 58 member schools within California to receive compensation for the use of their name, image, and likeness.

Within days of Newsom signing California’s Fair Pay to Play Act, U.S. Congressman Anthony Gonzalez, of Ohio, announced his intention to propose a federal bill to give student-athletes the opportunity to benefit from the use …

October 4, 2019 Litigation / NCAA / Sponsorships

Pennsylvania and Florida Latest to Introduce Bills to Pay Student-Athletes

The bandwagon keeps rolling — Florida and Pennsylvania have become the latest states to introduce legislation that would allow student-athletes to earn compensation through endorsements and sponsorships. Like the recent bill signed into law in California, which allows student-athletes to receive compensation for the school’s use of their name, image, and likeness, state legislators in Florida and Pennsylvania introduced their own versions of the Fair Pay to Play Act.

On September 30, 2019, Florida state Rep. Kionne McGhee introduced House Bill 251–a bill that would …

October 3, 2019 Fantasy Sports / Gambling / NFL / Sponsorships / Sports Betting / Sports Gambling

NFL Officially Partners With DraftKings for Daily Fantasy

On September 26, 2019, the NFL announced that it has selected DraftKings to be its first official daily fantasy partner. Notably, this partnership deal does not include sports betting.

In a joint statement, the companies stated that their partnership includes “exclusive sponsorship of the daily fantasy sports category with access to NFL branding and more.” NFL Chief Revenue Officer Renie Anderson said, “[d]aily fantasy football has been a tremendous vehicle for fans of all types to deepen their engagement with the NFL.” Over 11 …