USPTO and ASU Law team up to help student-athletes make the right calls when monetizing personal brand

The United States Patent and Trademark Office (USPTO) collaborated with the Sandra Day O’Connor School of Law at Arizona State University to help teach attendees how to use their name, image and likeness (NIL) to their benefit.

‘Name, Image and Likeness for Student Athletes and Influencers’ was a seven-hour event held at ASU Law that brought together the experiences of former ASU student-athlete Kate Fitzgerald and 2024 Team USA Olympian Freddie Crittenden III as well as valuable insights from industry experts from ASU, Rose Law Group, AthleteCon, Advance NIL and others.

Derrick Brent, USPTO Deputy Director sat down with Fitzgerald, describing her as “a shining example of what NIL can be.”

Fitzgerald graduated with a Bachelor of Science in Biomedical Sciences and is currently working on her Masters degree. She competed on the beach volleyball team during her undergraduate studies, and then she launched a company called VBAmerican. This was during the same time NIL opportunities began opening up for college athletes.

She credited the creation of her brand to an old high school idea she never pursued. Fitzgerald also told the audience she wanted to buy her grandma a beach volleyball shirt but couldn’t find any at an ASU bookstore, which also lit a fire for her to create her company.

Fitzgerald described the journey in figuring out how to start her company using her NIL and partnering with the school to do so during a time when the rules for NIL were just rolling out.

Her advice to those wanting to follow in her steps,“Build connections and relationships while utilizing your resources.” She also advised how to learn how to take the no’s and failures and get back up to keep going. 

USPTO is trying to help student-athletes by assisting them to capitalize on their brand. Experts at the event discussed how student-athletes can protect themselves from potential exploitation in NIL deals, the legal considerations they should be aware of when entering NIL agreements and what regulations are specific to Arizona laws.

ASU Law was the first host for USPTO’s new NIL for Student Athletes initiative. “The USPTO recognized that the Sandra Day O’Connor College of Law offers preeminent intellectual property education, " explained Jon Kappes, Associate Teaching Professor. “ASU Law is home to the McCarthy Institute - the world’s top intellectual property (IP) scholarship institute, a vibrant pro bono patent clinic - the Lisa Foundation Patent Law Clinic, and one of the country’s top Sports Law and Business Master’s Programs that equips graduates for careers in sports, entertainment and business law.”

Overall the clinic has helped clients register more than 200 trademarks and secure more than 17 granted patents as a hands on approach to the school’s broader mission of providing real-world legal experience and equipping students with the skills to thrive in an increasingly complex landscape.

This event was part of a series: NIL for student-athletes. The next event will be held on Nov. 15 in San Francisco, CA.

 

 

 

 

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A post shared by Sandra Day O’Connor College of Law (@sandradayoconnorcollegeoflaw)

Written by Crystal Jimenez