The party’s over for “Free Gurley” merchandise sales.
University of Georgia officials and the Collegiate Licensing Company, the school’s licensing agent, have sent out cease and desist letters to at least five individuals regarding the use of “marks in (Todd) Gurley’s name,” according to Alan Thomas, UGA’s associate athletic director for external operations.
Within the a recent 10-day period, the university issued another 15-plus cease and desist letters to address trademark infringements. Gurley was indefinitely suspended from the program on Oct. 9. Over the course of any given year, the university may issue as many 200 cease and desist letters.
“We’re always looking and policing the market for products that may have infringing marks and those who are not licensed to do so,” Thomas said. “During those same processes, we’re also finding and have (found) over many years now those types of products that are in the marketplace that may be bearing a name of a student-athlete in some sort of fashion and we regularly send cease and desist letters when those types of things are found.”
Merchandise bearing the likeness of an NCAA student-athlete is a violation of NCAA bylaw 12.5.2.2: Use of a Student-Athlete’s Name or Picture without Knowledge or Permission.
When it comes to trademark infringement, Georgia has a substantial legal case against anyone using an unlicensed trademark.
“Ninety-five percent of the time,” it’s an honest mistake and those involved will comply with the university’s request, according to Thomas. But because Gurley’s name is not trademarked by Georgia, the consequences of violating the NCAA bylaw are a bit different. Any Georgia fan doing so causes more harm than good.
“There you also have a compliance issue,” Thomas said. “If those who may be selling … non-trademarked indicia that clearly referenced (the athlete), you’re now trading upon the University of Georgia and that individual. Anybody that does that with regards to an individual potentially jeopardizes the eligibility of that individual.”
Peyton Bennett, a senior at UGA who sold #FreeGurley T-shirts on which the "e" in "Gurley" had been replaced by the No. 3, abided by the cease and desist notice he received from assistant athletics director Steve Flippen on Oct. 24.
“I really didn’t want to stir it up any worse,” Bennett said when asked if he tried to negotiate with the program.
Bennett said he and his business partner made their best attempt to not infringe upon any UGA trademarks, going as far as to alter Gurley’s name and use “Commit to the 3” instead of Georgia’s “Commit to the G,” as a slogan on the T-shirts. Bennett said he was not aware of the NCAA bylaw barring him from using Gurley’s name.
Bennett, who sold his merchandise on zdecals.com/freegurleynow, would not comment on his final earnings from the T-shirts. On Monday afternoon the site read: “Sorry Gurley fans, this page has been taken down due to NCAA cease and desist. But the good news is that he’s been Free’d! Looking forward to GA/FL! Go Dawgs!”
The Georgia tailback has not been “freed” just yet. The program announced that it filed for the reinstatement of Gurley and is awaiting a ruling from the NCAA as it prepares for Florida on Saturday.
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