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ARTICLE · 23 DECEMBER 2021

Trademark Considerations For The NCAA's NIL Policy

Cozen O'Connor
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On June 30, 2021, the National Collegiate Athletic Association ("NCAA") Division I, II, and III sports finally adopted a groundbreaking uniform interim policy suspending NCAA name, image and likeness...

United StatesIntellectual Property
Corinne Zucker
Corinne Zucker

On June 30, 2021, the National Collegiate Athletic Association ("NCAA") Division I, II, and III sports finally adopted a groundbreaking uniform interim policy suspending NCAA name, image and likeness ("NIL") rules for all incoming and current student-athletes. Previously, the NCAA forbade college athletes to profit from their NIL. The NCAA relied on antitrust law, which permitted them to eliminate any sort of athlete compensation and to distinguish college athletics from professional sports based on "a revered tradition of amateurism in college sports." National Collegiate Athletic Ass'n v. Board of Regents of the University of Oklahoma, 468 U.S. 85, 120 (1984). With the new interim policy, NCAA athletes are allowed to make money from a wide variety of business ventures without losing their eligibility.

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