Day 12 of the O’Bannon v. NCAA trial began with the NCAA calling SEC Executive Associate Commissioner and Chief Operating Officer, Greg Sankey, to the stand. Sankey spent much of his time justifying amateurism for the court, and Judge Wilken appeared especially interested in product endorsement.
Up until this point, the case has mostly revolved around the use of player names and likeness in video games and television broadcasting. When Sankey’s testimony began to address product endorsement by schools and sports programs, Judge Wilken began interposing her own questions. She asked Sankey,
“what about a contract with Gatorade? [E]veryone’s drinking Gatorade on the sideline, and it’s on television, is that OK?” And then later “again, as long as the manufacturer pays the school, it’s OK, but not the athlete?” Judge Wilken did not appear convinced.
Sankey tried to justify product endorsement by schools even though the players seen drinking from Gatorade cups or interviewing in front of Gillette backdrops were not being paid for it. Sankey pointed out that little league teams similarly have corporate sponsors and this practice is common.
Toward the end of the day, the NCAA called Dr. John Dennis to discuss his survey titled “Public Opinion About Paying Student-Athletes.” The survey shows that 7 in 10 Americans oppose paying college athletes for their participation in sports. Dr. Dennis was only briefly on the stand as the day’s proceedings closed. He will likely return tomorrow to discuss the survey further.
On Day 12, O’Bannon v. NCAA shifts to topic of product endorsements