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The Manziel Loophole and the NCAA

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The Manziel Loophole and the NCAA

Unread postby danwismar » Mon Feb 25, 2013 4:53 pm

Interesting article by Clay Travis on the "Manziel loophole" and the trap that the NCAA appears to have laid for itself...he says it may be all about the pending EA Sports lawsuit against the NCAA

http://outkickthecoverage.com/johnny-ma ... s-rule.php

Excerpting...

Last week Manziel's corporation, JMan2 Enterprises -- can you imagine the Christmas parties? -- filed a lawsuit against a man who was selling "Johnny Football" t-shirts. While Manziel can't profit off the direct sale of t-shirts featuring his name or likeness, the NCAA has ruled that he can trademark the phrase and protect his property interest from being infringed upon.

Only, that's not all he can do. The NCAA recently notified Texas A&M that, "a student-athlete can keep financial earnings as a result of a legal action."

You see the loophole you can drive a Rolls-Royce through yet?

Manziel can't directly profit off the sale of licensed products featuring his likeness, but he can pocket any proceeds that arise from a trademark lawsuit. Which is basically the same thing.

Raising this interesting question, what's to keep a bunch of Texas A&M boosters from intentionally infringing on Manziel's trademark, being sued for doing so, and then settling out of court for hundreds of thousands of dollars in legal payments to Manziel?

Nothing.

In other words, isn't this ruling a license for boosters to legally pay Manziel to play college football?

Yep.

What's more, it's not just Manziel who has this opportunity. Every star player should work to trademark his likeness so that he can protect his future earnings potential. Trying to decide whether to go pro or stay in college, but really need to make some money off your talents while you're in college? Just find a booster who is willing to infringe upon your trademark, sue him, have him agree to settle, and voila, the payment becomes permissible under NCAA rules.

This is genius.
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Re: The Manziel Loophole and the NCAA

Unread postby pod2dawg » Mon Feb 25, 2013 4:57 pm

God Bless America.
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Re: The Manziel Loophole and the NCAA

Unread postby Cerebral_DownTime » Tue Feb 26, 2013 10:27 am

Someone owes Johnny Unitas some money.

I used to like this little puke too.

And eff the NCAA in all holes.
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Re: The Manziel Loophole and the NCAA

Unread postby furls » Tue Feb 26, 2013 11:46 am

I think Travis is overstating the reach of this. Granted on its surface it appears as though this sort of thing could become a new issue for the NCAA, but I think it will have limited utility as a way for boosters to sidestep the NCAA rules about paying players. The courts will not appreciate becoming an instrument in a pay for play scandal and will move to prevent litigation like this, particularly if they find that there is a pre-existing relationship between the booster and the athlete. This pre-existing relationship with the express purpose of designing out of court settlements would actually create a "Principal/Agent" legal relationship between the two, potentially nullifying (on questions of implied authority) the lawsuit and drawing the amateurism of the athlete into question.

When I say "Prinicipal/Agent" relationship, I don't mean agent in the sports agent sense, but in the Agency Law sense.

It makes for good reading, but it is a fantasy. I don't think we are going to see a rash of southern athletes suing for trademark infringement in the near future. They will keep picking up their envelopes full of cash just like they have for the last few decades because it is traditional, easy, impossible to track and you don't have to pay taxes! The NCAA is so inept that such a scheme is not even necessary, they can't even bust Cam Newton even when they have audio tape of his dad demanding a couple of hundred K for his kid to play.

It is not like the players in really have to launder the money or answer difficult questions about where they got their dozen $2K suits or $40K cars sitting on $5K of rims and wheels. Why bother?
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Re: The Manziel Loophole and the NCAA

Unread postby peeker643 » Tue Feb 26, 2013 12:04 pm

Agree with Furls. Envelopes under pillows and new rides for mom and dad still will be the currency of choice. No need to pad the lawyers pockets any more than they already are.
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Re: The Manziel Loophole and the NCAA

Unread postby neoleo » Wed Feb 27, 2013 10:07 am

furls wrote:I think Travis is overstating the reach of this. Granted on its surface it appears as though this sort of thing could become a new issue for the NCAA, but I think it will have limited utility as a way for boosters to sidestep the NCAA rules about paying players. The courts will not appreciate becoming an instrument in a pay for play scandal and will move to prevent litigation like this, particularly if they find that there is a pre-existing relationship between the booster and the athlete. This pre-existing relationship with the express purpose of designing out of court settlements would actually create a "Principal/Agent" legal relationship between the two, potentially nullifying (on questions of implied authority) the lawsuit and drawing the amateurism of the athlete into question.

When I say "Prinicipal/Agent" relationship, I don't mean agent in the sports agent sense, but in the Agency Law sense.

It makes for good reading, but it is a fantasy. I don't think we are going to see a rash of southern athletes suing for trademark infringement in the near future. They will keep picking up their envelopes full of cash just like they have for the last few decades because it is traditional, easy, impossible to track and you don't have to pay taxes! The NCAA is so inept that such a scheme is not even necessary, they can't even bust Cam Newton even when they have audio tape of his dad demanding a couple of hundred K for his kid to play.

It is not like the players in really have to launder the money or answer difficult questions about where they got their dozen $2K suits or $40K cars sitting on $5K of rims and wheels. Why bother?


Exactly. Nothing to see here.
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Re: The Manziel Loophole and the NCAA

Unread postby fairvis » Sun Aug 04, 2013 5:49 pm

Some things are loopholes... and others are just stupid things that these athletes should know better about.

http://espn.go.com/espn/otl/story/_/id/ ... autographs

$10k+ for autographs at the BCS title game. Fascinating. Now, I have nothing against high-profile athletes making money from their own stuff while in school. But this is no different from giving away jerseys and autographs for tats- and let's see how they spin it.
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Re: The Manziel Loophole and the NCAA

Unread postby furls » Sun Aug 04, 2013 7:25 pm

Well, in all fairness, there isn't a coach cover up so it really isn't as bad as the Tressel thing.

That said it is pretty bad, but he will probably walk, because he is in God's chosen conference.
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Re: The Manziel Loophole and the NCAA

Unread postby motherscratcher » Wed Aug 07, 2013 2:17 pm

I'll go on record and say I don't care if JM or Clowney go paid for signing shit or not. In fact I hope they did. And I hope they get away with it.

In fact I hope the NCAA knows beyond a shadow of a doubt that they did, but can't prove it so they can't do anything about it. Because fuck the NCAA and their bullshit hypocrisy.

And I don care how you feel about JM or the SEC or whatever, a college FB season without manziel or Clowney is a worse, less interesting season. Just like Pryor's last season was less interesting for everyone without him there.
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Re: The Manziel Loophole and the NCAA

Unread postby furls » Wed Aug 07, 2013 6:41 pm

motherscratcher wrote:I'll go on record and say I don't care if JM or Clowney go paid for signing shit or not. In fact I hope they did. And I hope they get away with it.

In fact I hope the NCAA knows beyond a shadow of a doubt that they did, but can't prove it so they can't do anything about it. Because fuck the NCAA and their bullshit hypocrisy.

And I don care how you feel about JM or the SEC or whatever, a college FB season without manziel or Clowney is a worse, less interesting season. Just like Pryor's last season was less interesting for everyone without him there.


I agree on all counts.
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Re: The Manziel Loophole and the NCAA

Unread postby peeker643 » Wed Aug 07, 2013 11:16 pm

The fact the NCAA rules about this are a joke doesn't mean in the least that Johnny Football isn't about the goddamn-dumbest fuck on the field.

Kid has an eligibility death wish. Someone's gonna grant it at some point.
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Re: The Manziel Loophole and the NCAA

Unread postby e0y2e3 » Thu Aug 08, 2013 2:01 am

Holy effing hell:

http://www.cbssports.com/collegefootbal ... re-at-risk

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Re: The Manziel Loophole and the NCAA

Unread postby e0y2e3 » Thu Aug 08, 2013 5:28 pm

“Irony is wasted on the stupid” - Oscar Wilde
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Re: The Manziel Loophole and the NCAA

Unread postby motherscratcher » Fri Aug 09, 2013 11:12 am

According to my sources CDT farts in the tub and bites the bubbles.
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Re: The Manziel Loophole and the NCAA

Unread postby jclvd_23 » Wed Aug 28, 2013 3:59 pm

Manziel gets hammered by the NCAA....suspended for the first half of the Rice game. No surprises here.

http://espn.go.com/college-football/sto ... -rice-owls
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Re: The Manziel Loophole and the NCAA

Unread postby peeker643 » Wed Aug 28, 2013 6:13 pm

Bet he doesn't dare do that shit again.
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Re: The Manziel Loophole and the NCAA

Unread postby leadpipe » Wed Aug 28, 2013 6:44 pm

Least suprising news ever.

There wasn't a single chance in holy hell that the NCAA was having that cat miss the Alabama game. Hell, there's a chance he'd a played that game if he went Aaron Hernandez on someone.
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Re: The Manziel Loophole and the NCAA

Unread postby Cerebral_DownTime » Wed Aug 28, 2013 7:06 pm

Why does anyone even bother following the NCAA's rules? They don't really enforce them with any kind of consistency. I don't really give a shit what Johnny Football does with his own name, but this whole thing is laughable. It's about money, like always with the NCAA.
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Re: The Manziel Loophole and the NCAA

Unread postby YahooFanChicago » Wed Aug 28, 2013 11:14 pm

How does this shit consistently happen? The SEC teams seem to always get a pass, is it because the NCAA is biased towards them or is it that the SEC schools are just way better at keeping this shit contained and keep their own from admitting anything?

I certainly hope that OSU doesn't have any more compliance problems but if we do I think we need to start adopting the SEC approach and not talking. "I don't know that guy in the photo. I didn't even see any photo. No that wasn't me in the photo. There was a photo? I don't know what you're talking about but here's my name and my social security number if you need them".
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Re: The Manziel Loophole and the NCAA

Unread postby motherscratcher » Thu Aug 29, 2013 12:23 am

peeker643 wrote:Bet he doesn't dare do that shit again.


Des Bryant should give him a call to help him through this difficult time.
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Re: The Manziel Loophole and the NCAA

Unread postby FUDU » Sun Sep 01, 2013 9:33 am

This kid is pretty much a punk.
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Re: The Manziel Loophole and the NCAA

Unread postby furls » Sun Sep 01, 2013 9:52 am

He is quickly becoming the most reviled player in the NCAA by players and fans alike. Question is how long will Kevin Sumlin tolerate it?

This is what happens when a kid is indulged at all times and then coasts to stardom too early. He is Lindsay Lohan.
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Re: The Manziel Loophole and the NCAA

Unread postby pod2dawg » Sun Sep 01, 2013 10:06 am

furls wrote:
motherscratcher wrote:I'll go on record and say I don't care if JM or Clowney go paid for signing shit or not. In fact I hope they did. And I hope they get away with it.

In fact I hope the NCAA knows beyond a shadow of a doubt that they did, but can't prove it so they can't do anything about it. Because fuck the NCAA and their bullshit hypocrisy.

And I don care how you feel about JM or the SEC or whatever, a college FB season without manziel or Clowney is a worse, less interesting season. Just like Pryor's last season was less interesting for everyone without him there.


I agree on all counts.


:thumb up:

In fact I feel they should promote such "autograph events". The NCAA gets 20%. The athlete gets 20%. The Team gets 20%. The school gets 20%. I get 20%.

Can you imagine the offensive lineman out on High Street passing out flyers for the upcoming " Braxton, Roby, Shazier" Autograph Fundraiser? Million bucks.
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Re: The Manziel Loophole and the NCAA

Unread postby peeker643 » Sun Sep 01, 2013 12:01 pm

furls wrote:He is quickly becoming the most reviled player in the NCAA by players and fans alike. Question is how long will Kevin Sumlin tolerate it?



Til he stops winning Heismans and beating Alabamas.

But yes, as I mentioned somewhere yesterday, he's the entitled, little rich kid who has still never heard, 'No!' from an adult.

At some point he'll either step on his own crank to the point no one can straighten it out or he'll get exposed and lit up and he'll go away.

You think Saban has been planning for next Saturday for about 11 months? I fully expect little Johnny gets some measure of comeuppance next Saturday.
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Re: The Manziel Loophole and the NCAA

Unread postby mattvan1 » Sun Sep 01, 2013 12:39 pm

peeker643 wrote:
furls wrote:He is quickly becoming the most reviled player in the NCAA by players and fans alike. Question is how long will Kevin Sumlin tolerate it?



Til he stops winning Heismans and beating Alabamas.

But yes, as I mentioned somewhere yesterday, he's the entitled, little rich kid who has still never heard, 'No!' from an adult.

At some point he'll either step on his own crank to the point no one can straighten it out or he'll get exposed and lit up and he'll go away.

You think Saban has been planning for next Saturday for about 11 months? I fully expect little Johnny gets some measure of comeuppance next Saturday.


He ( his legal team and school ) managed to give a big fat middle finger to the NCAA. So even though he's an entitled doosh who acts like a punk on/off the field, I'll always have a tiny bit of admiration for anyone who tells Mark Emmert to fuck off.
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Re: The Manziel Loophole and the NCAA

Unread postby furls » Sun Sep 01, 2013 12:44 pm

I don't know if Saban has the horses based on what I saw yesterday. 'Bama looked very mortal this week. No question aTm is a much better team with Manziel, but I give Sumlin credit for tossing him out of the game yesterday. I know the outcome was not in doubt, and that certainly makes a difference, but I will give Sumlin credit for taking a stand.

I wonder how much more attitude Sumlin will take. I bet turning his back on his coach had as much to do with it as his shit talking to Rice. This little puke doesn't realize he isn't just alienating his NCAAF team, but is hurting his draft prospects too. He is becoming a Raiders only kind of player.
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Re: The Manziel Loophole and the NCAA

Unread postby mattvan1 » Sun Sep 01, 2013 12:49 pm

furls wrote:I don't know if Saban has the horses based on what I saw yesterday. 'Bama looked very mortal this week. No question aTm is a much better team with Manziel, but I give Sumlin credit for tossing him out of the game yesterday. I know the outcome was not in doubt, and that certainly makes a difference, but I will give Sumlin credit for taking a stand.

I wonder how much more attitude Sumlin will take. I bet turning his back on his coach had as much to do with it as his shit talking to Rice. This little puke doesn't realize he isn't just alienating his NCAAF team, but is hurting his draft prospects too. He is becoming a Raiders only kind of player.


Truth

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