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Here is a NIL lawyer’s take on the JD5 cease and desist demand to LSU

Posted on 8/13/26 at 8:04 am
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
88363 posts
Posted on 8/13/26 at 8:04 am


quote:

Jayden Daniels and his lawyer have no legal claim to exclusive control over the jersey number the QB wore for two seasons at LSU. This is a ridiculous claim and is a terrible look.

The cease-and-desist really shows how absurd this is. It purportedly demands that LSU stop using Daniels’ name, image, and likeness, citing a contractual window that expired 180 days after his final college game, which closed long ago. It appears to be an emotional reaction, not a cause of action.

Reassigning a number to another athlete does not constitute use of Daniels’ NIL. The letter intends to be leverage. It fails in that respect. In reality, it's an attempt to convert a personal preference into a legal threat after the contractual rights already lapsed.

Lane Kiffin says the number was promised to DJ Pickett during recruiting. Schools regularly make those commitments. Invoking an expired NIL clause is weak at best. The irony is that this only hurts Jayden's NIL value.
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
88363 posts
Posted on 8/13/26 at 8:05 am to
Posted by SPEEDY
2005 Tiger Smack Poster of the Year
Member since Dec 2003
88363 posts
Posted on 8/13/26 at 8:05 am to
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quote:

It's been pointed out to me that Jayden Daniels is upset that LSU gave away "his number" but the focus should be on his demand that LSU immediately cease and desist from any further issue use, display, publication, distribution, promotion, commercialization, or other exploitation of his NIL in any manner or medium.

That's a good point, but no court is going to require LSU erase Daniels from its institutional history. Recounting his participation in LSU's history is protected speech about a matter of legitimate public interest, not commercial appropriation, even when the institution profits indirectly from the broader publication or broadcast in which that information appears. It's historical/archival use. It's truthful and newsworthy.

However, if LSU were to actively, commercially exploit Daniels' NIL in a way that suggests he is currently promoting LSU merch, tickets, fundraising campaigns, or a specific product, then that could create problems for the school. There are no concerns, in my mind, unless/until that occurs and I'm confident LSU lawyers won't allow that to happen.
This post was edited on 8/13/26 at 8:07 am
Posted by jlovel7
NOT Louisiana
Member since Aug 2014
24261 posts
Posted on 8/13/26 at 8:05 am to
No one is saying he can stop use of a jersey number. He’s saying we can’t use his actual NIL for future marketing like we do with former players.

I don’t know how legal that is. I assume players sign NIL away for things like on field highlights
Posted by The Baker
This is fine.
Member since Dec 2011
20731 posts
Posted on 8/13/26 at 8:08 am to
Derrius Guice should sue Jayden Daniels for wearing #5 without his permission

And then Skyler Green should sue Derrius
Posted by The Hurricane
Gulf of Mexico
Member since Aug 2011
10551 posts
Posted on 8/13/26 at 8:09 am to
Will he send a C&D to Fanatics since they’re still selling his LSU jersey and tshirts?
Posted by Schmelly
Member since Jan 2014
16392 posts
Posted on 8/13/26 at 8:11 am to
So can lsu not use video highlights of any game he’s played in? I feel like lsu would own every photo/video he’s in. Like when you go take family pics and the photographer puts a watermark on them until you buy them lol
Posted by wildtigercat93
Member since Jul 2011
116409 posts
Posted on 8/13/26 at 8:11 am to
quote:

one is saying he can stop use of a jersey number. He’s saying we can’t use his actual NIL for future marketing like we do with former players. I don’t know how legal that is. I assume players sign NIL away for things like on field highlights


He covers that in detail and cites the case law on similar situations. Daniels really has no leg to stand on here. Guessing he got some bad advice/people on his team who thought this would create a PR nightmare for LSU in order for them to backdown, but the opposite seems to have happened
Posted by thelawnwranglers
Member since Sep 2007
42483 posts
Posted on 8/13/26 at 8:12 am to
Is he saying don't use the number

Or don't use my images bc you you used my number and I am butt hurt?
Posted by Schmelly
Member since Jan 2014
16392 posts
Posted on 8/13/26 at 8:12 am to
quote:

Derrius Guice should sue Jayden Daniels for wearing #5 without his permission And then Skyler Green should sue Derrius


Jeff Wickersham is gonna have something to say about this!
Posted by Schmelly
Member since Jan 2014
16392 posts
Posted on 8/13/26 at 8:13 am to
quote:

Daniels really has no leg to stand on here. Guessing he got some bad advice/people on his team who thought this would create a PR nightmare for LSU in order for them to backdown, but the opposite seems to have happened


You mean having your mom run the show probably isn’t a great idea? Who knew?
Posted by S
RIP Wayde
Member since Jan 2007
173636 posts
Posted on 8/13/26 at 8:14 am to
quote:

And then Skyler Green should sue Derrius

Keiland Williams will take them to the cleaners.
Posted by TheFlyingTiger
Member since Oct 2009
4229 posts
Posted on 8/13/26 at 8:14 am to
*neck begins playing for JD*
Posted by jlbasm
Aledo, TX
Member since Oct 2010
5063 posts
Posted on 8/13/26 at 8:16 am to
The writing is on the wall he’s gonna be a bust in the league. All he’s got is his college mystique. This is a money grab thing - $.02
Posted by doublecutter
Member since Oct 2003
7218 posts
Posted on 8/13/26 at 8:21 am to
So is Steve Ensminger
Posted by Tiger1988
Houston
Member since May 2016
30985 posts
Posted on 8/13/26 at 8:24 am to
quote:

can’t use his actual NIL for future marketing like we do with former players.
THIS

That means every picture in every locker room or anything else with his face on it disappears as if he was never at LSU.
If that were the case, LSU should wipe out every stat of his from its records like his season never existed….
Posted by Tiger Prawn
Member since Dec 2016
26284 posts
Posted on 8/13/26 at 8:27 am to
quote:

So can lsu not use video highlights of any game he’s played in? I feel like lsu would own every photo/video he’s in. Like when you go take family pics and the photographer puts a watermark on them until you buy them lol
I assume LSU would still be able to use video of game highlights and that the C&D would apply to LSU using his NIL for marketing. As in no more using graphics with JD5 in ad campaigns, signage around campus or the athletics facilities, or having his image in gameday programs.

I hope LSU gets petty with it and starts running with graphics campaigns featuring other great players who wore #5
Posted by iamandykeim
Baton Rouge
Member since Nov 2015
3973 posts
Posted on 8/13/26 at 8:28 am to
It seems more like Jayden wants to stop LSU from using his NIL in any branding as a sort of punishment for using the #5 again. I don't believe Jayden thinks he has a legal claim to stop LSU from using that jersey number.

This is the silliest thing I can remember being this big of a talking point. Horrible look for Jayden. Makes our staff look bad just because media already likes to talk bad about Kiffin, but I don't see how they did anything wrong. Kelly's staff made the promise to Jayden that they wouldn't use 5. We don't even know whether Kiffin and staff were aware of that.

Will be interesting to see what LSU does here. Jayden doesn't deserve to win this, but I also want to see him be apart of the program moving forward. Such an odd news story.
Posted by Schmelly
Member since Jan 2014
16392 posts
Posted on 8/13/26 at 8:28 am to
quote:

The writing is on the wall he’s gonna be a bust in the league. All he’s got is his college mystique. This is a money grab thing - $.02


Uhhh what writing? He was pretty dam special until he got hurt. Let’s not get ahead of ourselves here
Posted by Enadious
formerly B5Lurker City of Central
Member since Aug 2004
18713 posts
Posted on 8/13/26 at 8:29 am to
When JD has a career-ending injury this year, he will have a change of heart.
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