Name, Image, and Likeness through the Lens of a Student Athlete
The National Collegiate Athletic Association (NCAA) historically had an unbalanced relationship with its student athletes. The NCAA made billions of dollars in revenue from the student athletes’ labor, while the athletes received no compensation. However, recent public backlash and pressure from lawsuits forced the NCAA to shift to a new policy that allows student athletes to receive compensation for their name, image, and likeness (NIL), while maintaining their amateur collegiate status under the NCAA policies and rules.
According to the NCAA, NIL is “an activity that involves the use of an individual’s name, image and likeness for commercial or promotional purposes.”
How to Avoid Five Common IP Pitfalls
When your company hires a consultant, engineering firm, or design firm to create inventions for your company, get a written agreement that assigns the resulting inventions and patents to your company.
Without a written agreement, the consultant or firm that created the invention for your company will own the resulting patent, even though you paid them to create it. Your company may have the right to use the invention, but the consultant or firm will own the patent.
Make sure your trademark position is solid. Pick your trademarks wisely. Select trademarks that are available for you to use, and that you can protect.