Fishman Stewart partner, Barbara Mandell, is featured in The Trademark Lawyer Magazine. Barbara discusses the recent decision by the U.S. Supreme Court regrading Sherman Antitrust Act violations by the National Collegiate Athletic Association (NCAA).
On Wednesday June 30, 2021, the NCAA announced an interim policy that, effective July 1, 2021, allows student athletes from all three divisions to monetize their name, image and likeness, often referred to as “NIL.” Eight states have already passed laws allowing student athletes to make money from NILs. Unless any college independently adopts NIL restrictions (which presumably it would not do for fear of recruitment disadvantages), or any state legislature adopts the restrictions, the abolition of NIL policies by the NCAA enables student athletes in every state to create and sell branded merchandise showcasing their likenesses, images and/or names.
