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UtBlaw

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Everything posted by UtBlaw

  1. I'm afraid you're right. Commits seemed easy to come by early on when visits were prohibited and it wasnt clear if the wealthiest program in the country would be in the bag game or not. Guess the answer to the last part is self evident. Agree. It’s going to take at least a couple of years for NIL supremacy to be established. Hopefully, Texas can leverage it by being aggressive in its grey areas. That’ll reduce the importance of traditional bag men.
  2. If she’s being serious that’s not good. Businesses can easily screw these kids.
  3. Depends entirely on what he’s doing for barstool . Weird to me they are contracting with non FBS players. I’d ask him. I’d be interested to know.
  4. A couple of stupid clothing lines and a car wash is all I’ve seen (we are definitely moving slow on this)
  5. Schools can’t pay anyone. Nobody can pay recruits. But it does make it easier to insinuate a recruit will get what current players get and there’s a bigger grey area there for boosters regarding current players.
  6. So the burden shifts back to UT. Surely, they’ll allow at least the school name, logos, and colors. Will likely require some sort of pre-approval process. thanks for noticing the lack of enforcement mechanism—that is easy to overlook. Looks like Tennessee and LSU are allowing some version of IP leniency too
  7. These clothing businesses are taking advantage of these kids, hoping fans will buy the merch no one wants to help the athletes.
  8. Bijan endorsing his dealership is worth at least $50k (and prolly some cars too). All above board.
  9. This was confusing because most state laws appear to allow it. Unfortunately, Texas NIL statute prevents it unlike other states and schools. The NCAA is irrelevant because Texas law prohibits it. Sucks for all the Texas schools.
  10. It appears some schools will allow him to wear it (e.g. tOSU). But thanks to the Texas Legislature UT will not be one of those schools.
  11. Looks like Ohio State, at least, is going to let their players use school facilities and wear Ohio State gear for NIL purposes. I doubt they’ll be alone. This is what I was afraid of because now our statute puts us at a competitive disadvantage.
  12. Someone told me a few teams were allowing it. I never checked because I thought the person was confused and it wasn’t possible but now I’m 50/50 on whether that person was right. Maybe I could check, maybe I could be lazy. Time will tell.
  13. And you just reminded me why I hated IP exams. Because the factual analysis in those close cases tied me up in knots and made my essays completely disorganized because it slowed me down so much I was reduced to just throwing semi-coherent phrases about desperately trying to get points I didn’t deserve. I thought a C was spot on. My other C was federal income tax. The statutes needed hyperlinks an they weren’t contained in my text book.
  14. That was my other main thought—not many entities exist that would create confusion about the identity of a major university.
  15. Thorough refresher, thanks! I was thinking they’d be able to restrict it enough through granting permission before a student athlete uses any IP. So it would place more of the burden on the student and prevent a free for all situation.
  16. For who the university or the player? Assuming you mean UT I imagine one would suffice but more would be better. I don’t practice IP law so u only get the most basic answer because it’s almost a philosophical question. What if all colors get trademarked? I’m just assuming another poster is correct about trademarking colors. Can you trademark a musical note? All of them? I.P. can get weird. Everybody always wanting to own everything all the time. Can’t we just share?
  17. Your last example would be an illegal contract. I get the shaggy bevo thing. If I were the university I would be compelled to sue in that instance. UT wouldn’t continuously be in litigation. Worse case scenario is filing motions to dismiss. Who would the plaintiffs be? We’re talking about student athletes the school trots out in front of the tv cameras wearing what they can wear in every situation except NIL opportunities. Appreciate your viewpoint it is valid and makes legitimate points. It’s just divorced from reality. I don’t wanna waste anymore breath arguing this nonsense because I imagine we could both waste hours of each other’s time.
  18. Yeah, that kinda goes without saying but you get a couple layers of protection if a judge forgets how to read the law. Once u get to SCOTUS though all bets are off.
  19. Thanks for the info Randolph. I let autocorrect come up with Pantene but now I know better, appreciate that. I took IP in law school so I realize the risk. It is virtually zero. I’m willing to listen to anyone’s argument about how IP use during a NIL “job” will threaten UTs IP but I can’t promise I won’t giggle the entire time.
  20. Yess!! I haven’t found anyone else that noticed this. It fucks us on several levels. I vaguely alluded to it but this is insane. I think there’s a better argument for letting the kids wear their IP. They won’t even let them autograph pictures of the campus. We’ll at least align with the ags on one thing—an amendment to our damned NIL statute. Hell, just repeal it—we’d be better off.
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