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The Name Game: Could Student-Athletes Use A Preferred Name On Jerseys That's Also A Company’s Name Or Slogan? |
Executive Summary - Student-athletes are generating NIL deals based on their nicknames and apparent legal names that overlap with company names and industry sectors.
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Many NCAA rules and policies affecting eligibility squad lists, game statistics, and sport playing rules reference the use or entry of a student-athlete’s name for those respective purposes without articulating if the student-athlete’s name must be a legal name.
- The question appears open as to whether any NCAA rule or policy refers to a student-athlete’s legal name.
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University Registrar Offices and University Policies are increasingly offering flexibility to students (athletes or non-athletes) to designate a preferred name to use for various school-related purposes and publications.
- Sponsorship logos on college game jerseys are generally prohibited by NCAA playing rules except for niche exceptions of small logos or labels of a jersey apparel manufacturer.
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Corporate sponsors, universities, and multimedia rights partners help secure sponsorship deals for signage around stadiums, scoreboards, and in PA announcements.
- Those parties may point to their intellectual property rights, which would restrict companies from using marks or logos of a University (e.g., logo on a jersey or helmet) without paying for those rights.
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The ever unpredictable NIL landscape may be walking into another unprecedented bear-trap – what happens when a student-athlete’s name happens to coincide with a commercial company that’s doing NIL business with the athlete? We’re seeing examples of this to date and whether NCAA or institutional policies are in total alignment may remain an open question.
One real-world example of this scenario? University of Alabama football student-athlete Ga-Quincy “Kool Aid” McKinstry who has an NIL deal with the Kool-Aid beverage brand.
Some student-athletes are pursuing NIL deals that monetize the marketability of their legal name or nickname, such as General Booty, quarterback at University of Oklahoma who is selling t-shirts with Booty slogans. Then there’s DeColdest Crawford, a football student-athlete at the University of Nebraska who has an NIL deal with a Heating/Cooling HVAC company because, after all, like the company he’s in business with… he’s DeColdest.
When looking at the collection of policies sourced from various facets of college athletics compliance, statistics, and game operations, is there any specific rule that stops a student-athlete from having a preferred athletics name used on their jersey?
If a company’s name could be incorporated into the student’s preferred name on file with a student’s registrar office, for example, would that be enough safe-haven for that student-athlete to use that same preferred name on a jersey, on the college team’ online roster and in a media guide?
If preferred names can be used as a student-athlete’s “athletic name” (one that gets used on their jersey) there could be a rush on companies bypassing the university and its multimedia rights partner and instead reaching out directly to student-athletes— especially those with high tv visibility— for new NIL opportunities.
Suddenly any size company could have top-shelf branding exposure during a college sports event directly on a player’s jersey that the likes of Buffalo Wild Wings, Aflac, or Dr. Pepper haven’t cornered (yet). And an NIL deal done directly with a student-athlete would likely be a fraction of what major corporate sponsors already pay for rights to be affiliated with a university and its marks.
Per current NCAA rules, corporate logos cannot be on a jersey with one primary exception— the provision that permits the jersey apparel manufacturer’s logo (e.g., the Nike swoosh, UnderArmour “UA”, Adidas three-stripes) to be on a jersey with said trademark or label on the jersey limited to two and one-quarter square inches. |
What’s in a name?
There are a slew of NCAA rules, policies, and procedures that make reference to a student-athlete’s name within the context of the respective rule. Under Article 7 of Section 22 of the NCAA Basketball Playing Rules it states:
“Only the following are permitted in the front and back neutral zones: a. A player or institutional name/mascot/logo. 1. Not more than two identifying names or abbreviations may be placed on the front or back of the game jersey. The name(s) shall: a. Identify the school, the school nickname or mascot, or the player’s name."
There’s no specificity as to whether the player’s name needs to be their legal name or whether it could be a self-selected or preferred name.
Historically speaking, sports information directors have played a central role of confirming names and nicknames that might be used in game operations, stats, box scores, media guides and, ultimately jerseys— through confirming biographical information of the players on a team. Nicknames or preferred last names aren’t unprecedented as student-athletes with long-established nicknames or family circumstances that prompt the student-athlete to designate a preferred last name, for example, for athletics purposes that may not be their legal name on a birth certificate.
There’s no indication that the player’s name needs to be their legal name or name on file with their university or their name used when applying for admission.
Other parts of the NCAA basketball playing rules, such as Section 17, are concerned with names— but not necessarily a player’s name. Names being regulated within playing rules can focus more on the name of a school, conference, or manufacturer and how its displayed on or around a court or backboard:
“Logos, names or equipment of any kind (including school and conference logos or names, cameras and microphones) shall not be permitted on the backboards, rings, flanges, padding around the backboards, or on the shot clocks. Institutional/conference social media decals are permitted on the top edge of the backboard frame….. The manufacturer’s name and logo shall be permitted to appear on the ball a maximum of two times. …. An institution’s name or logo shall be permitted on the ball.”
In the NCAA Statistics Policies and Procedures manual, the policy does not reference whether a player’s name needs to be the player's legal name. It does say an NCAA school can make updates to player information such as “…change of position, height and name.” It also indicates “[a]ll player names should be entered with proper cases (for example: John Doe).”
The NCAA also maintains an NCAA statistics site for administering rosters and the entry of player names into a national database to facilitate maintaining player statistics and records. Per this NCAA system, each player is assigned an NCAA database number that is used for career statistics. Those instructions also do not appear to specify if the player’s name needs to be their legal name or could be preferred.
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On the eligibility and compliance side, NCAA rules require a student-athlete’s name to be listed on an official squad list per Division I Bylaw 12.10.2.
Per the squad list form legislation: “…an institution's athletics director shall compile on a form approved by the Legislative Committee a list of the squad members in each sport on the first day of competition and shall indicate there on the status of each member in the designated categories. A student-athlete's name must be on the official institutional form for the student to be eligible to represent the institution in intercollegiate competition.” The squad list rules do not specify whether a student-athlete’s name used for squad list purposes must be their legal name.
The NCAA squad list form itself comes with published instructions— those instructions do not specify that a student-athlete’s legal name must be used either. The instructions for squad lists state, in part: “Type or print the name and ID number of each student-athlete in the specified sport. Include non-qualifiers and student-athletes who are fulfilling a transfer residence requirement or an injury-hardship waiver.”
In the membership section of the NCAA Manual (Bylaw 20), provisions related to commercial agreements and the use of a student-athlete’s name, image, and likeness were added in the past few years. Bylaw 20.2.4.24.1 states: “[f]or agreements that may involve the use of a student-athlete's name or likeness, an institution shall include language in all licensing, marketing, sponsorship, advertising, broadcast and other commercial agreements that outlines the commercial entity's obligation to comply with relevant NCAA legislation, interpretations and policies on the use of a student-athlete's name or likeness.”
Another NCAA bylaw might imply or infer that any restrictions or parameters on which name a student-athlete can use for athletics purposes may default to institutional policy. Specifically, NCAA Division I Bylaw 20.2.4.24.2 states: “[a]n institution shall maintain written policies for its licensing, marketing, sponsorship, advertising, broadcast and other commercial agreements that may involve the use of a student-athlete's name or likeness. Such policies shall be made available for examination on request by an NCAA staff member or an authorized representative of the NCAA. This bylaw makes no reference to what student-athlete name could be used for game operations, box scores, or ultimately what name is placed on a jersey.”
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University Registrar Policies
University Registrars play a leading role in policies and records that specifically impact student names. In one case, a Division I university creates its own “name” classification for its students (athletes and non-athletes) that isn’t necessarily the student’s legal name. The University of Washington uses the “Student Record Name” which is the name that is provided initially by the applicant through the admissions application process. University of Washington policies state that its Student Record Name “…is often referred to informally as ‘legal name;’ but this is incorrect. There are names that require legal documentation to change from one name to another, but one’s name is not considered legal or not legal, per University of Washington Attorney General Office guidance.”
The student record name at Washington appears on the official transcript, financial documents, and immigration documents issued by the University, even if a student has identified a different Preferred, Commencement, or Diploma Name. It is also used as the default for Commencement and Diploma Name if the student has not provided an alternative by the specified deadline for such purposes. Washington’s policies also allow students to change their Student Record Name if they present legal documentation, or proof of usage demonstrated by mail and documents with the desired name is required of the student’s new name.
Another example of flexible university student-name usage policies is Yale University, which gives students the option of using the preferred first name rather than their legal first name. Yale’s policy states in part:
“Yale University recognizes that students may wish to use a preferred first name rather than their legal first name to identify themselves. The University supports students in this choice. Any student may designate a preferred first name regardless of whether they have legally changed their name.”
Interestingly the preferred name policy may be limited to their first name— which begs the question— could a student just have one name? Yale’s policies delineate where a preferred first name can be used and where a student’s legal name could be used. Places where the student’s preferred first name could be used include at Yale: - Online directory
- Learning management systems
- Advising systems
- Online Course Selection (OCS)
- Yale Degree Audit
- Other academic systems internal to the campus
- And places where the legal name of a student would be used by Yale include:
- Student accounts and bills
- Student employment and paychecks
- Financial aid documents and refund checks
- Enrollment and degree verification certificates
- Official transcripts
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Another example of a flexible student-name policy is the University of Arizona, which boasts a student-friendly chosen or preferred name policy. Arizona’s policy states in part:
“The University recognizes that many members of its community use names other than their legal or official names first provided to the University (official/legal name) to identify themselves. For some students and employees, a chosen or preferred name may be an important component of their identity. Therefore, the University has established guidelines that allow students and employees to indicate their chosen or preferred first names to the University community even if they have not changed their official/legal names.”
Arizona students and employees may choose to identify themselves within the University community using a preferred first name that differs from their official/legal name. A student or employee’s preferred name will appear instead of the person’s official/legal name in select University-related systems and documents, provided that the preferred first name is not being used for the purpose of misrepresentation. The official/legal name will continue to be used in all University-related systems and documents that require a verified legal name.
In terms of usage, Arizona would allow its student’s preferred names to be used in the following systems and records: - CatCard (optional)
- Online Phonebook Directory
- Official Student Email Display Name
- Official Employee Email Display Name
- UAccess Class and Grade Rosters (for students and employees taking courses)
- D2L/Blackboard
- Most UAccess Student Center Navigation Panes
- Most UAccess Employee Self-Service Navigation Panes
Like Yale, Arizona does continue to use the legal names of its students for official University records, including but not limited to the following: - Legal Documents and Reports Produced by the University
- Student Account Statement (Bills)
- Financial Aid and Scholarship Documents
- Transcripts
- Enrollment Verifications
- Student Employment Documents
- Employment Verifications
- Employment Documents
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Paychecks, W2s, and other Payroll documents
- Benefits Enrollment
Arizona’s preferred-student name policy does come with a quality control review and conditions: “For students, preferred names will be reviewed by the Office of the Registrar. Names containing foul or obscene language or those used for the purpose of academic misconduct or fraud will be removed at the discretion of the Office of the Registrar and reverted to the legal name. For employees, preferred names will be reviewed by Systems Control and the Division of Human Resources, and names containing foul or inappropriate language or those used for the purpose of fraud or perpetrating another person’s identity will be removed at the discretion of the Division of Human Resources.”
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Longstanding NCAA Bylaw 12 amateurism rules would generally have made quick work of a student-athlete and company trying to use one’s name in a commercial endorsement. A long-held NCAA amateurism rule holds that student-athletes are restricted from being compensated for advertising, recommending, or promoting directly the sale or use of a commercial product or service of any kind. However, the NCAA’s interim NIL policy provides a level of safe-haven for student-athletes: - For institutions in states without NIL laws or executive actions or with NIL laws or executive actions that have not yet taken effect, if an individual elects to engage in an NIL activity, the individual’s eligibility for intercollegiate athletics will not be impacted by application of Bylaw 12 (Amateurism and Athletics Eligibility).
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For institutions in states with NIL laws or executive actions with the force of law in effect, if an individual or member institution elects to engage in an NIL activity that is protected by law or executive order, the individual’s eligibility for and/or the membership institution’s full participation in NCAA athletics will not be impacted by application of NCAA Bylaws unless the state law is invalidated or rendered unenforceable by operation of law.
Multimedia rights partners, the universities’ whose rights they represent, and the corporate partners who have paid for those rights have a vested interest in preventing any ambush-marketing or dilution to the protected marks.
Things get a touch stickier when a company without those rights also happens to be a student-athlete’s legal or preferred name that ends up stitched on the jersey they wear in competition that is seen by millions on a national broadcast.
What multimedia rights partners, university registrar offices, and NCAA eligibility/playing rules/stats policies and procedures currently dictate with respect to what name a student-athlete could use for athletics purposes does not appear to be in clear alignment. Without clear alignment, the Kool-Aid man could be busting through more brick walls in the future with a college jersey on his back… in the name of NIL deals. |
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