Mississippi State University is addressing reports of local and state businesses attempting to piggyback football success with their own by selling unlicensed merchandise and using student-athletes likenesses in promotions without their permission.
MSU’s Office of Athletic Compliance and Office of General Counsel are both working to identify businesses in clear violation of NCAA legislation and university trademarks, Bracky Brett, senior associate athletic director for compliance, confirmed Wednesday.
An email forwarded to local chamber of commerce members from Brett earlier this week stated several Starkville area businesses used pictures of student-athletes for promotional purposes.
When contacted Wednesday, Brett said the university also identified about a dozen statewide vendors attempting to sell goods, like caps and T-shirts, with State’s trademarked images and signage. Some other businesses have used player images, including quarterback Dak Prescott’s photo, while publishing targeted ads through social media.
Brett said his office is pursuing the image-use issue, while general counsel and Licensing Resource Group, a subsidiary of Learfield Communications that handles MSU’s licensing, both are handling reports of trademark infringement.
Cease and desist letters have been sent to infringers, he said.
“(MSU doesn’t) have to report an NCAA violation as long as they’re done without our student-athletes’ permission, and that’s obviously the case with what’s happening with their likenesses and images,” Brett said.
“Very rarely have these incidents been intentional, for the most part. There are just a lot of people that are excited, including us, about the place we’re at with our football team,” he added. “I’ve talked to my counterpart at Ole Miss, and they’re experiencing the same thing there. It’s a great time for the state of Mississippi and for both of our institutions.”
MSU officials asked local business owners to be aware of compliance and licensing rules earlier this season, and Brett said responses have been overwhelmingly positive.
“People are very cooperative and do not want to do anything to harm the university, its student-athletes or their businesses,” he said. “There is just a very small amount of pushback from folks who are obviously out to capitalize on our success to promote their own.”
An improper use of a football player’s likeness or image can even be as simple as using a player’s name without his permission. Brett confirmed Prescott has an attorney working to protect his first name in an attempt to possibly control it after his collegiate playing career comes to an end.
“‘Dak’ is a little more unusual; it’s very specific when you say it,” Brett said. “We’ve already heard a lot of phrases like ‘Dak attack,’ ‘Dak Dynasty’ and ‘Dakman and Robinson,'” he said.
The second phrase plays upon the TV show “Duck Dynasty,” while the third is a take on the DC Comics-owned characters Batman and Robin that alludes to MSU running back Josh Robinson.
While student-athletes do not get paid directly for playing sports, some stars have sought to protect their brands after college.
Cleveland Browns quarterback Johnny Manziel either owns or has filed trademarks for numerous phrases, including “Johnny Football,” “Johnny Cleveland,” “JFF,” and “The House That Johnny Built,” which references a renovation project at Texas A&M University’s football field.
“When you talk to those kids, there are a lot of them interested in long-term protections of their names and images so that when they’re done with college football and possibly have a pro opportunity, those trademarks and phrases belong to them,” Brett said. “It’s all about protecting their identity.”
In an email to The Dispatch, MSU Chief Communications Officer Sid Salter said the university “has taken all appropriate steps to ensure that we are in compliance with NCAA rules, federal and state laws and university policy.”
Carl Smith covers Starkville and Oktibbeha County for The Dispatch. Follow him on Twitter @StarkDispatch
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