Intellectual Property Insights from Fishman Stewart
Newsletter – Volume 26, Issue 9
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The Business of a Buzzer-Beater: NIL Lessons from March Madness
Spring is finally upon us, and with it comes everyone’s favorite sporting event of the year: the NCAA’s March Madness Tournament. While dedicated fans dream of their teams cutting down the nets, many college basketball fans are just as eager to see who the surprise “Cinderella” team will be. March Madness is so universally loved because underdog schools, like St. Peters or Farleigh Dickinson, have the opportunity to make an improbable run and take down perennial powerhouses like Kentucky or Purdue. And It’s not just teams who create these unforgettable moments. Every March, college basketball players get an opportunity to become household sensations overnight. In today’s NIL (Name Image Likeness) era, that moment can be a once-in-a-lifetime business opportunity.
Many people likely remember Oakland University’s shocking first round upset of the Kentucky Wildcats in the 2024 NCAA Tournament. That upset was led by a legendary performance from sharp-shooter Jack Gohlke, who scored 32 points and hit 10 three-pointers to lead Oakland to a win. Prior to that shocking win, Gohlke was a relatively solid but unspectacular player. He averaged about 13 points per game and primarily came off the bench as a sixth-man for the Oakland Golden Grizzlies. However, after his dominant performance against Kentucky, Gohlke quickly became an overnight sensation.
Gohlke was quick to leverage his newfound fame to capitalize on his NIL rights to the fullest extent possible. He signed a deal with TurboTax and even filmed a quick commercial for them while still in the team hotel before his next game. Gohlke also inked deals with Buffalo Wild Wings, Oofos, The NIL Store, and even Barstool Sports. His deal with Buffalo Wild Wings was especially timely, as he filmed an advertisement for their new “Overtime” promotion immediately following Oakland’s Round of 32 overtime loss to NC State. Gohlke’s meteoric rise to fame in just a few short days perfectly illustrated how much NIL value a student-athlete can commercialize during March Madness.
Gohlke essentially created the playbook for how a college athlete can maximize their NIL revenue based on mere moments in the limelight. This year’s Tournament is already producing breakout stars who are capturing the hearts of a nation. Whether its High Point sharpshooter Chase Johnston’s unlikely heroics to take down Wisconsin, or VCU’s Terrance Hill Jr. pouring in 34 points off the bench in a 19-point comeback against North Carolina, these standout performances have propelled college basketball players into the national spotlight. The advertising opportunities for athletes who burst onto the scene during March Madness arise incredibly quickly, but they can disappear just as fast.
Gohlke, Johnston, and Hill illustrate that a single viral moment can instantaneously make an individual extremely marketable. Gohlke’s rapid utilization of his NIL and Intellectual Property rights through merchandise, endorsements, and social media branding deals should serve as a blueprint for student-athletes looking to maximize their opportunities. In fact, student-athletes like Johnston or Hill should be quick to follow Gohlke’s example and capitalize on their NIL rights while their notoriety is at its peak. Once the Sweet 16 games begin, fans will quickly move on to the next major storyline, and teams like High Point and VCU will be all but forgotten.
Ultimately, the individual and team performances that occur during the NCAA Tournament highlight the importance of intellectual property and sports law in the NIL era. A single performance can create a surge of national attention and unlock commercial opportunities. Turning that attention into real, tangible value requires the right legal structure for endorsements, licensing, and brand protection. In March Madness, the spotlight can appear overnight. With the right legal guidance, an athlete can make sure their moment in the spotlight lasts longer than most fans’ Tournament brackets.
Hunter DeSantis is an attorney at Fishman Stewart who specializes in sports law. Hunter obtained his Juris Doctor from Wayne State University Law School and a Bachelor of Arts from Michigan State University.
Publication of the FishBits newsletter will be temporarily suspended, although past issues can be read here. The Fish Tank newsletter will continue to be published bi-weekly.
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