About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

20 Marq. Intell. Prop. L. Rev. 157 (2016)
Collegiate Athletes and the Right to Their Marks

handle is hein.journals/marq20 and id is 161 raw text is: 









     Collegiate   Athletes  and  the  Right  to Their   Marks


I. INTRODUCTION                                        ........... 157
II. WHAT COLLEGIATE  ATHLETES  HAVE  DONE      ............... 158
      A. Vince Young       ......................................... 159
      B. Anthony Davis       .......................... ..... 160
      C. Johnny Manziel      ........................ ........ 161
      D. What  To Take Away     ...................      ........ 162
III. THE CURRENT NCAA   SYSTEM     ..................     ...... 162
      A. NCAA   Rules  ......................       ..... ...... 162
      B. NCAA   Rules and Trademark Law ........       ............ 164
IV. ISSUES THAT ARISE FOR A COLLEGIATE ATHLETE  IN TRADEMARK
      LAW......................................... 165
      A. Use in Commerce  Basis..................................... 165
      B. Intent to Use Basis...................         ......... 166
         1. Limitations of Applying on an Intent to Use Basis ......... 166
         2. Lack of Objective Intent............   ............167
         3. Creating A Plan of Action .....................   168
V. PROPOSED  SOLUTIONS       ................................... 170
      A.  Use in Commerce Basis.................         ........ 170
      B. Intent to Use Basis..................        ........ 172
      C. Olympic  Model ......................          ......... 173
      D.  An NCAA-Created  Body         .............. ........ 174
VI. CONCLUSION          ..............................   ....... 175


                           I. INTRODUCTION
    In the world of trademark law, collegiate athletes play without a coach.
 Collegiate athletes may compete with third parties, while they are strictly barred
 from profiting off their marks. When it comes to trademark application,
 registration, and protection, collegiate athletes are aimless individuals who face
 difficulty in developing their brands at the most basic level-trademark
 protection. Trademark rights serve as  a basic protection against the
 unauthorized use of one's marks-a collegiate athlete's name, nicknames, and
 catchphrases. Under the current system, collegiate athletes are forced to travel
 highly uncharted territories. This comment serves to shed light on the
 approaches of prior collegiate superstars, the current collegiate athletic system,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most