College QB Forced To Sue T-Shirt Company To Retain Eligibility
Long story short, a random t-shirt company printed up some t-shirts with the likeness of the Miss St QB, Dakota "Dak" Prescott this past season and sold to fans. Prescott had no knowledge this was happening, but, according to NCAA Rule 12.5.2.2...
If a student-athlete's name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to promote a commercial product sold by an individual or agency without the student-athlete's knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics. Such steps are not required in cases in which a student-athlete's photograph is sold by an individual or agency (e.g., private photographer, news agency) for private use.
He HAD to file a cease and desist lawsuit against the manufacturer in order to remain athletically eligible to play for Miss St going forward.
Looking back, those 'Tyrod is my Homeboy' shirts really could have gotten us in a world of trouble with the NCAA. For those looking to create t-shirts for TKP, please keep this in mind going forward.
Comments
100 Proof Backfield, Ryan Williams for Heisman are a few others I remember.
Also the "Danny Coale is always open" shirts
My sources at the NCAA told me the punishment for this would be a sternly worded letter
Unless it occurs at F$U or UNCheat, in which case it is encouraged and the player(s) in question can keep any and all money profited from the endeavor.
yeah i mean just a simple google search for jamies winston tshirt and about 25 different ones pop up. not sure how this whole system works because they seem just as authentic as the DAK shirt?
wow, that's aggressive. It has neither his real name nor his likeness. Did he actually get notified from the NCAA that his eligibility was in jeopardy if he didn't sue? the linked article inside the deadspin article doesn't clarify. Just says that Dak was using the NCAA Opportunity Fund to pay for the lawyer and the university wasn't involved in the case. then it says in the final sentence that the university has been proactive all season in attempts to use his likeness.
strange, but believable NCAA bullshit
EDIT: it also says that Dak and his lawyer have filed numerous cease and desist letters to which the seller ignored. I would say because he believes he is not violating the rules because it does not use his legal name nor his likeness.
Clay Travis called this a while back. Said this would happen, cease and desist letters filed, then the eventual settlement. Viola! Athlete gets paid without doing anything wrong int he eyes of the NCAA.
Oh man, we had a million Tyrod shirts back in the day, plus Hosley Island, RFMW, Call 9-11 (Hall/Adibi), etc.
I think Joe has already pointed out in other t-shirt threads that we can't do anything with a player's likeness.
Perhaps I'm wrong, but I don't think there's an issue producing an item like this, it's when it is then sold for profit. If something is purchased at cost, is it then a violation? No profit is being made? So if you get a shirt from one of those internet shirt printers, are they in violation?
Honestly, I'm not so sure it matters in the NCAA's eye.
"I'd rather have a big Vick than a little Weinke"...
LOL...this has to be the best t-shirt ever. I saw someone wearing this shirt at the NC game, and I spent the next day trying to find one before leaving New Orleans.
Classic
where can i find this shirt??? i know its wayyyy out of date but living in FSU territory i think i could still pull it off! i need oneeeee!!!!!!
We lost that game...
i aware. a guy that had free shoes to make him run faster roasted us. (peter warrick) still love the shirt though.
Dude if I knew i'd be wearing one right now! I couldn't find one when in New Orleans since they sold so quickly. I googled it once with no luck. Cheers to whoever thought that one up though!
i googled at work. not the best idea. lol hopefully HR doesnt come after me.
The following year at the Gator Bowl against Clemson "I'd rather have a big Vick than little woody"!
And it was a glorious day beating that little woody!!!
It'll get after ya!
The idiocy of that particular NCAA rule and its wording not withstanding, I am not quite sure what the issue with the shirt is. It doesn't have the likeness of the player in question, nor their actual name.
Unless, perhaps the NCAA claim could be that this type of work around could be used by a popular athlete to make a profit off their on field performance, via proxy, which actually as I type this is not the craziest thing I could imagine.