Mickey Law Group, PLLC

Business Law & Consulting | Intellectual Property | NIL

[Mickey Law Group, PLLC @MickeyLawGroup]

And so it begins...

[Dan Lust, Esq. 🎙 @SportsLawLust]

🚨 BREAKING: The attorney generals from Tennessee and Virginia have filed a federal lawsuit against the NCAA that casts the NCAA’s Name Image and Likeness rules as antitrust violations.

For context, the phrase “Wild Wild West” has been incredibly polarizing in the NIL space. It is occasionally used by some to describe a lack of apparent control and oversight in the college sports landscape generally. And there are others, who swear this phrase has no use whatsoever in the space since there have been great strides made to put a protocol and regulations in place. With this in mind, over the last few weeks, the NCAA has shown a newfound willingness to actually play the role of Sheriff with NIL punishments of Florida State and news of high profile investigations into Florida and Tennessee. That said, just as quickly as the NCAA believed they gained some control over the situation, the pendulum swung the other way…

This new federal complaint, filed today in the Eastern District of Tennessee, seeks to declare that the NCAA’s “NIL-recruiting ban” violates Section 1 of the Sherman Act in that it wrongfully prevents any recruits or transfers from entering NIL deals prior to enrollment. There is significance in the timing of the lawsuit, having been filed within 24 hours of the NIL investigation into Tennessee becoming public. In that sense, it is a direct challenge to the NCAA’s authority and their viability as a Sheriff over the NIL era of college sports.

Below is a link to the full 20-page federal complaint. For more, we had On3’s @petenakos join us on the podcast late last night to explain the situation at Tennessee (QB Nico Iamaleava), Florida (QB Jaden Rashada), the Collectives (Spyre), Inducements, and the larger impact on the world of college sports. Link below.

***

🎙️Podcast: https://t.co/eivWsUog3H

Complaint: https://t.co/SOI7MXU0qB

@ConDetrimental

[Mickey Law Group, PLLC @MickeyLawGroup]

He's probably right.

[Ross Dellenger @RossDellenger]

Sen. John Kennedy (R-La.) suggests to the NCAA to "try to get together to come up with a new system that look like someone designed it on purpose."

Kennedy: “You may regret asking Congress to intervene. All the sudden, you’re going to be micromanaged.”

[Mickey Law Group, PLLC @MickeyLawGroup]

👀 Who saw this coming?

[Rolling Stone @RollingStone]

New report from industry researchers finds that 95 percent of the once-hyped crypto assets have hit rock-bottom valuation
https://t.co/fGOmFHuPYG

[Mickey Law Group, PLLC @MickeyLawGroup]

Of course, I recommend having a lawyer review any NIL contract before signing... this contract may be void, but all of it or just the part that violates the statute? Questions for a judge/jury I suppose.

[Jason Morrin @Jason_Morrin]

NIL LAWSUIT: Bears rookie DT Gervon Dexter Sr. sued Big League Advance Fund for violation of Florida's NIL and agency statutes.

Dexter signed an NIL deal with BLA in 2022. Alleged terms: $436,485 to Dexter ↔️ NIL services and 15% of his pre-tax NFL earnings for 25 years to BLA.

[Mickey Law Group, PLLC @MickeyLawGroup]

Agreed. #NIL

[Joe Pompliano @JoePompliano]

Colorado is ranked #22 in the new AP Top 25 poll.

That's ahead of Texas A&M, Tulane, and Clemson.

This team went 1-11 last year and lost 5 games by 40+ points.

It's incredible what Deion Sanders has done.

The transfer portal and NIL have changed college sports forever.

[FOX College Football @CFBONFOX]

The Week 2 AP Top 25 is in 🙌

Which team should be ranked higher?

[Mickey Law Group, PLLC @MickeyLawGroup]

👀

[On3 NIL @On3NIL]

The Brandr Group has filed a temporary restraining order against EA Sports, which has responded by filing to deny the TRO.

If it was granted, it could delay the release of the video game.

"It could slow things down."

More from @Pete_Nakos96: https://t.co/sTvhoucYKr

[Dan Lust, Esq. 🎙 @SportsLawLust]

What if I told you the NCAA's new memo is the closest path to a courtroom we've seen during the NIL era?

It requires a look at the specifics of the state NIL language picking up steam around the country. The NCAA is telling schools to disregard it or leave the NCAA.

A thread 👇

[Mickey Law Group, PLLC @MickeyLawGroup]

#Truth

[Darren Heitner @heitner]

I read far too many #NIL commentators say that an act in violation of NCAA rules is "illegal."

No, it's not. It's a violation of a private association's regulations. It's not a violation of the law.

Words matter.

[Mickey Law Group, PLLC @MickeyLawGroup]

If they don't handle their own trademark filings, how can you trust them with yours? #Trademarks #TexasTrademarkLawyer

[Trademarks Are Magic @TimberlakeLaw]

Just a filing from
LegalZoom
not using
LegalZoom
legal services
to apply to register
LEGALZOOM
as a trademark for
legal services

https://t.co/PWDa6FGu1R

#trademarks

[Mickey Law Group, PLLC @MickeyLawGroup]

Watch out out there!

[USPTO @uspto]

We are aware of scams targeting customers by falsely claiming to be a USPTO employee and asking for payment info by phone. We will never ask for personal or payment info by phone. If you receive a call claiming to be from the USPTO, call our Contact Center at 800-786-9199

[Mickey Law Group, PLLC @MickeyLawGroup]

Looking at you Texas...

[Mit Winter @WinterSportsLaw]

It’s unclear if Tre Johnson’s decision to move to a hs in another state is related to #NIL.

But it likely played at least a small part in the decision.

States that don’t allow hs athletes to monetize their NILs are just hurting their schools & athletes. https://t.co/ORUKx6gGue

[Mickey Law Group, PLLC @MickeyLawGroup]

I don't think this is the smoke Nick wants. He maybe should have minded the business that pays him rather than forcing players to confirm what we (and HE) already knew.

[Mickey Law Group, PLLC @MickeyLawGroup]

👀👀🤷🏾‍♀️

[Andrew Brandt @AndrewBrandt]

Heard from a longtime NFL agent this week re NIL. He said:
"Andrew, we used to have to fund these kids for years until their NFL contract. Now the school boosters do it. It's saving us so much money. It's awesome!"

[Front Office Sports @FOS]

BREAKING: Adidas is opening its NIL network to every college athlete at an Adidas-partnered NCAA DI university.

The wide-sweeping NIL network is the first among major sports brands.

More than 50,000 athletes across 23 sports and 109 schools can become paid Adidas ambassadors.

[Micah Parsons @MicahhParsons11]

👀

[Mickey Law Group, PLLC @MickeyLawGroup]

#CowboysNation

[NFL @NFL]

MICAH PARSONS WINS THE FASTEST MAN RACE. @MicahhParsons11

@NFLALLDAY

📺: #ProBowlSkills Showdown on ESPN

[Mickey Law Group, PLLC @MickeyLawGroup]

❤❤❤

[Dallas Cowboys @dallascowboys]

#DallasCowboys guard Zack Martin, cornerback Trevon Diggs and rookie linebacker Micah Parsons made The Associated Press 2021 NFL All-Pro first team.

[Mickey Law Group, PLLC @MickeyLawGroup]

Neither do I. I love that student-athletes can make money, but boosters are quickly ruining things.

[Ross Dellenger @RossDellenger]

Nick Saban: "Name, image & likeness is a positive thing for players. Theyve got the opportunity to earn money. I don’t think that’s a bad thing. What is concerning is how is that's used to get players to decide where they’re going to school. I don’t think that was the intention."

[Mickey Law Group, PLLC @MickeyLawGroup]

Arkansas, Nevada, and Tennessee are finally onboard. #NIL laws took effect Jan 1. #NCAA #ProtectYourBrand