College Sports Dealmakers Include Clauses Outlining Off-Limits Categories for Advertising, Marketing and Sponsorships

July 2, 2020 – Media Mention

Daniel Etna, co-chair of Herrick’s Sports Law Group, was quoted in an article in Sportico discussing the role and importance of including in media rights agreements specific clauses delineating “off-limits” categories for advertising, marketing and sponsorships. The article notes that these excluded categories typically relate to illegal companies, but some are more extensive, delving into the world of feminine hygiene products, which could limit the opportunities of female college student athletes. “As you migrate across the country, you’re going to have different sensitivity points,” Dan Etna, co-chair of Herrick, Feinstein LLP’s Sports Law Group, said. “That may influence what colleges feel is appropriate to protect the brand and the image of the school. To the extent that there are imbalances – perhaps that’s [happened] over time or may be indicative that, until fairly recently, the college athletic director ranks, which are usually where you’re going to get tasked with these kinds of agreements, have been male dominated. There’s some gender bias that’s probably become embedded in these agreements as well and in how these lists came to be.”