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ARTICLE · 01 SEPTEMBER 2021

Game Changer

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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On 1 July 2021, the US National Collegiate Athletic Association (NCAA) adopted a new Name, Image, and Likeness (NIL) policy1 for college athletes, forever altering the college athletics landscape.

United StatesIntellectual Property
Aaron Parker
Aaron Parker
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On 1 July 2021, the US National Collegiate Athletic Association (NCAA) adopted a new Name, Image, and Likeness (NIL) policy1 for college athletes, forever altering the college athletics landscape.

The new policy provides a unique opportunity for brands to secure lucrative endorsement and licensing deals with top student athletes. But this market is novel and likely to change as legislators and policymakers attempt to set parameters around what is permissible. What pitfalls should brands and advertisers be aware of before inking deals with student athletes?

The new NIL policy comes in the immediate wake of the NCAA's recent loss at the Supreme Court of the US.2In National Collegiate Athletic Association v Alston Et Al,3the court struck down the NCAA's practice of restricting "non-cash education-related benefits" for student athletes on antitrust grounds. The court's decision opened the door to future antitrust challenges.

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