re: Lawyers of The Rant, I need help understanding verbiage in Jayden’s Cease & Desist letter

Before I take any action like sending a letter or filing a suit, I sit my client down and discuss possible blowback. What are the intended and unintended consequences?

This letter seems pretty vanilla. (I would not have written it in such legalese, because I think that is useless as matters progress.) It does not mention his number or the trophy. So this looks more like a PR failing than a lawyer issue.

But that's just me. And everyone actually involved knows a hell of a lot more about what happened, so take it all with a huge grain of salt.

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The issue is when you get into using his NIL for anything to endorse a brand or sell a product. It seems there is an agreed upon timeframe for that that only extends 180 days after he’s no longer associated with the university.

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My understanding is that 180 day period was to be able sell heisman merchandise.

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what would not mentioning the number five or the trophy have to do with anything that is actually in the letter? It seems like they are just using the number thing as a springboard to launch into the NIL action. The number and trophy situation seem inconsequential, as they are just the reasoning behind doing this.

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I totally read it the same way, but for some reason we appear to be the only 2 who’ve stated it this clearly. Giving #5 to Pickett was merely the trigger. The cease and desist doesn’t really have anything to do with the number 5 except it’d be hard to use his name, image, and likeness to promote LSU without it.

But the way I read it, it would prevent LSU from directly selling “Daniels 5” LSU jerseys for sure. (It would be interesting if LSU sold just “Daniels” jerseys without a number. They could say there have been other “Daniels” at LSU, but I think a court would eventually side with Jayden on that). But it would also prevent LSU from using his likeness like on cups in Tiger Stadium, or having a “Jayden Daniels bobble head night” like they do in MLB for former players. Whether he was wearing #5 or no number at all wouldn’t matter, it would still violate the terms.

This is assuming the 180 day thing is true, and that nobody has thought to challenge it yet. My 1st thought was Jayden is about to be the 1st of many to renegotiate these NIL deals with their former colleges. Or just sign new ones, rather. If whatever waiver he signed was upon enrolling at LSU, his NIL is worth a lot more now after he’s won the Heisman and is the starting QB for the Commanders.

I may be reading this wrong, but now I think this was coming eventually. Jayden was just the 1st to get triggered enough to do it.

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Then enlighten us on the usage of NIL that is being violated?

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I don’t have the answer to that. You’d have to ask his legal team.

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Archival Footage is a copyrighted work which supersedes NIL

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I’m no copyright lawyer, but arguably the copyright would protect LSU from any other entity using the material in question.

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This smells like a miscalculated PR lawsuit.

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Obviously. 3 reasons this lawsuit was made: his team got pissy about the number 5 being issued, his team thought they could strong arm LSU into not letting Pickett wear the number, or his team is trying to strong arm LSU into a new contract. Some combination of the 3.

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I totally read it the same way, but for some reason we appear to be the only 2 who’ve stated it this clearly. Giving #5 to Pickett was merely the trigger. The cease and desist doesn’t really have anything to do with the number 5 except it’d be hard to use his name, image, and likeness to promote LSU without it.

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Exactly. The number stuff isn’t in the letter because that’s not what the letter is about. The letter is solely referring to LSU profiling off of his name, image, or likeness specifically.

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But it would also prevent LSU from using his likeness like on cups in Tiger Stadium, or having a “Jayden Daniels bobble head night” like they do in MLB for former players. Whether he was wearing #5 or no number at all wouldn’t matter, it would still violate the terms.

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This is my concern and the stuff that I believe the letter refers to. LSU using anything with his name, image or likeness to promote or sell something, sounds like it could be a violation. Assuming the 180 day thing is legit, like you said. But again, that’s where the “contractual authorization” comes back into play. Which I would assume LSU had since there was never any issue up until now if that’s the case then this is an open and shut case.

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Archival Footage is a copyrighted work which supersedes NIL

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You are correct. Until that footage is used to endorse a brand or sell a product. At that point you have to have the subject’s authorization to use the footage/ image.

I run into this all the time with my side business.

So what I think this all boils down to in terms of LSU violating the NIL contract or not, is, did LSU have the “contractual authorization” needed to continue using his name, image, and likeness. Which like I’ve stated, I would assume they did since he had no issue with the usage until now. Which if they did, then this was over before it started.

So basically Jayden wants to eliminate all his history with LSU and winning the heisman unless he get compensated? He loses way more than he wins if that is what he is seeking. No Jayden Daniels mdse or any mention that he was ever here then he will fade into nothing for his college rep. Just seems like he had nothing at all to gain. He is now the laughing stock of the NFL and on top of that his mom issue makes the news even more.

I am a lawyer. im4LSU and Hot Carl are generally correct.

Swamp Frog x has completely confused the issue.

One Caveat: Don't assume JD gave NIL authorization beyond the 180 days referenced in the letter. The fact that LSU is part of a process that might benefit it does not necessarily mean that LSU has authorization from JD to do it.

Probably has no legal effect, but what about what LSU did for Jayden Daniels? Gave him a free education. Brought him into a world class facility to train and coach him up to become a better player. Used substantial efforts and resoures to promote his campaign for the Heisman. Thanks for nothing bro.

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One Caveat: Don't assume JD gave NIL authorization beyond the 180 days referenced in the letter. The fact that LSU is part of a process that might benefit it does not necessarily mean that LSU has authorization from JD to do it.

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Ok so the 180 days means nothing thing might actually hold water? Would the part about having contractual authorization supersede that since they never made any effort to stop the usage until they found out about the #5?