FROM NIL TO MILLION$: Navigating Brand Opportunities, Legal Challenges, and Inequity in the New Landscape of College Athletics
Recorded On: 06/06/2023
A new landscape is unfolding in amateur athletics relating to athletes’ abilities to monetize their names, images, and likenesses (“NIL”) like they have never been able to before. After the Supreme Court’s decision in Alston in June 2021, the NCAA suspended its NIL policy, and amateur athletes were suddenly free to engage in NIL activities. Now, athletes, schools, and brands are all simultaneously figuring out how to navigate this rapidly evolving environment. This roundtable will feature an overview of where things stand with the NCAA and legislation after 1.5 years of NIL in practice, and then invite discussion on how brands are taking advantage of this new landscape, including the types of deals they are doing, IP and advertising issues, and contract and reputational considerations. The discussion will also include recent headlines that serve as good benchmarks and warnings to brands when partnering with athletes in the new age of NIL.
Tim Hance, IP Counsel, Brands and Content, NBC Universal Media LLC
Jessica Cardon, General Counsel, Parlux Holdings, Inc.
Tim Hance (Moderator)
IP Counsel, Brands and Content
NBC Universal Media LLC
Tim Hance is Senior Counsel in the Brands & Content Intellectual Property group at NBCUniversal. He works with the company’s major business units, including NBC News, NBC Entertainment, and Peacock, on a variety of IP issues. He is also the lead IP counsel for NBC Sports, where he advises on production clearance, trademark enforcement, and rights agreements with sports leagues and athletes, including issues related to name, image, and likeness (“NIL”). In addition to currently serving on the In-House Practitioners Committee, Tim was previously a member of INTA’s Right of Publicity Committee, where he and other committee members developed educational materials and presentations on emerging NIL and Right of Publicity topics. Before joining NBCU in 2018, Tim was an associate in Cooley LLP’s Trademark, Copyright, and Advertising practice group.
Parlux Holdings, Inc.
Jessica Elliott Cardon is the General Counsel for fragrance company Parlux Holdings, Inc., a developer of licensed celebrity and fashion fragrances, and its related entity Quality King Distributors, Inc., a distributor of personal care, healthy and beauty products throughout the United States. Ms. Cardon was previously the General Counsel for fashion company, Camuto Group, and its house brand Vince Camuto. Ms. Cardon has negotiated numerous licenses across multiple product categories in the fashion, fragrance and home goods industries for prominent fashion brands and celebrities. She advises clients on intellectual property matters (including brand protection), advertising and marketing issues, FTC and regulatory compliance, international distribution and sourcing, as well as employment matters. Ms. Cardon is a current Director of the INTA Board and the former Chair of the Commercialization of Brands and Trademark Reporter Committees.