Daniels’s position is not merely dumb and aggressive; it reflects a fundamental misunderstanding of IP. We have been here before. In Dastar Corp. v. Twentieth Century Fox, the Supreme Court rejected an effort to use the Lanham Act to manufacture a species of perpetual IP protection over material the law did not otherwise protect. The same principle applies here.
Jayden Daniels does not own the number 5, does not own the historical fact that he wore it at LSU, and does not acquire a perpetual veto over LSU’s use of its own history, statistics, photographs, or lawfully owned footage merely because he appears in them. A right of publicity protects against unauthorized commercial appropriation of a person’s identity; it is not an ownership interest in every fact, image, number, or historical event associated with that person. Daniels is entitled to police genuine misuse of his NIL. He is not entitled to convert his LSU career into private intellectual property and demand that LSU license its own history back from him.
Full cite: Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003)
🚨BREAKING: The Uruguay Football Association CANCELED the team's private plane home from the World Cup, per @MartinCharquero
They entered the tournament as FIFA's 16th ranked nation, and left it in economy seating