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Written By Shea Nazareth

By now you've heard about the game-changing NIL policy. If you haven't, no worries, I've got you! 

On June 30, 2021, all three divisions of the NCAA adopted a uniform interim policy suspending the old NCAA rules that prohibited student-athletes from benefiting from their own name, image, and likeness. This temporary policy applies to incoming and current student-athletes and provides coverage unless and until there is federal legislation or new NCAA rules are adopted.  

Here's what you should know: 

  • What exactly is NIL? It is an acronym for activity, whether commercial or promotional, that involves the use of a student's name, image, and likeness.

  • When did the policy take effect? July 1, 2021

  • What is absolutely prohibited by the NIL policy? Compensation contingent on enrollment at a particular school, compensation for work not performed by the athlete, and compensation in exchange for the school's use of an athlete's name, image, or likeness.

  • How many states have NIL laws? Approximately 29, with at least 5 more in the pipeline.

  • In Virginia, no student-athlete can earn compensation for the use of his or her name, image, and likeness in connection with the following business ventures:

  • Alcohol products

  • Adult entertainment

  • Cannabis products

  • Controlled substances

  • Performance enhancing drugs or substances, including steroids

  • Drug paraphernalia

  • Tobacco products

  • Weapons, including firearms

  • Gambling activity

How can Nazareth Innovative Law assist?

We can perform a comprehensive search and review of your proposed trademark and issue an opinion letter as to the likelihood of any obstacles with a federally registered trademark. If you decide to proceed to file your mark, Nazareth Innovative Law can assist you every step of the way with our tailored bundles and add-ons.

Depending on the class of trademark that you select, you could, subject to the laws in your state, use your name to promote fundraising or charity events, sporting camps, speeches and appearances, and or merchandise.  

Contact us today to schedule a consultation. 



The information contained herein is for informational purposes only and should not be relied on without the advice of an attorney, tailored to your individual need. The informational context of his blog does not create an attorney-client relationship between you and Nazareth Innovative Law. 

Shea Nazareth
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