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Clemson will face Alabama in the college football championship game in Glendale Arizona Besides providing compelling on-field theater this title bout serves as an annual reminder of the sport’s inherent inequities That night you could consider University of Phoenix stadium the site of the game a monument to American capitalism with the millions of dollars of ticket revenue concessions sponsorship dollars media rights and performance bonuses practically sloshing around the seats Meanwhile the people driving this economic engine — the players — are cut off from this free market Read More: It’s Time to Pay College Athletes While NCAA rules allow college athletes to trademark their names or slogans they are prevented from collecting royalties until their playing days are overprecisely when those marks are likely to lose value Swinney meanwhile trademarked his own name in 2009 after Clemson named him head coach and is also a vocal opponent of paying college athletes “As far as playing players professionalizing college athletics that’s where you lose me” Swinney has said “I’ll go do something else Because there’s enough entitlement in this world as it is" (These comments earned Swinney special scorn from HBO host John Oliver during his takedown of the NCAA last March) As part of Swinney’s $33 million compensation package in 2015 Clemson paid him $500000 for the rights to market his name image and likeness Thanks to the trademarks other parties that sell Swinney trade-marked products must pay 10% of wholesale price to Swinney for using his name (Dabo Swinney or just Dabo) and 10% to Swinney for using BYOG or Bring Your Own Guts So Swinney makes 20% on items that include both The Collegiate Licensing Company which helps manage the relationships between’s Swinney’s representatives and outside vendors has given permission to 13 companies including Nike to sell merchandise — mostly apparel — stamped with the BYOG slogan or Swinney’s name or both When asked for data on the BYOG/Dabo Swinney items a Collegiate Licensing rep wrote in an email that Clemson a public university requested that “we not share any data for the program regarding sales or royalties” Clemson’s sports information office did not respond to TIME’s request for comment from Swinney or a member of the athletic department administration This isn’t greed say trademark attorneys It’s just common sense If Swinney doesn’t file someone else will “It’s a question of fairness” says Kenneth Liu an intellectual property lawyer with Gammon & Grange a Virginia-based firm “Who’s the one who should make money off of a phenomenon Some entrepreneur Or the person who came up with the idea” And you can’t blame Swinney for the NCAA’s unfair amateurism rules “I don’t think college coaches should be treated differently than other public figure just because others can’t profit in the same way” says attorney Carrie A Johnson who worked on Swinney’s name trademark Soon after Swinney got the head coaching job at Clemson in 2008 his agent Mike Brown pushed to trademark his name “We knew it was so unique that when he had success people would want to leverage and use it” Brown says (Swinney’s given name is William but his older brother Tripp called him “that boy” when they were toddlers in Alabama It sounded like “Dabo” and has stuck ever since) As Brown began the process he discovered that a food manufacturer filed to trademark Dabo’s pork rinds in 2006 Swinney told Brown that while he was an assistant coach he struck up a conversation with a food manufacturer on an airplane who asked him about the origins of his name Brown thinks the pork rinds could have been named after Swinney but a representative for Rudolph Foods owner of Dabo’s insists the product was named after a plant manager in Mississippi who shares Swinney’s unusual moniker “I know our trademarks are good” says Mark Singleton vice president of sales and marketing at Rudolph Foods “And coach Swinney can expect to receive a whole bunch of pork rinds” Read More: Here’s Who Wins March Madness in the Classroom Before this season and Swinney’s BYOG moment Brown says his client hadn’t earned any meaningful royalties from his trademarks And the BYOG/Bring Your Own Guts trademark applications also sought to cover “charitable fundraising services” Some or all of the new revenue could go to charity Brown says although he says the two have not yet discussed how it will be distributed Swinney’s far from the only sports figure to trademark a name or slogan Pat Riley has dibs on “Three-peat” — even though none of his teams ever won three straight titles Jeremy Lin filed papers for Linsanity After leading his team to a comeback victory in late October Washington Redskins quarterback Kirk Cousins shouted “You like that” to the cameras on his way to the locker room The exclamation went viral and he filed for the trademark two days later Swinney’s national championship opponent Alabama coach Nick Saban doesn’t show up in the trademark records But Ohio State another powerhouse football program has secured one for Urban Meyer and Urban Meyer Knows At some point college athletes will be able to shout something catchy on Saturday and reap the the rewards the next week Through court cases and public pressure players are slowly making gains Schools can now provide full cost-of-attendance benefits But the progress is halting In September a federal appeals court overturned a judge’s plan that schools give football and men’s basketball players some $5000 a year for name imagine and likeness rights However the court also affirmed that NCAA amateurism violated federal anti-trust law Another class action case put forward by influential sports labor attorney Jeffrey Kessler could create a true open market for player compensation For now however only the coach’s royalties soars if Clemson wins the title The Dabo shirts and hats will fly off the shelves In his Bring Your Own Guts speech after the Notre Dame game Swinney touts all the good things schools give athletes outside of pay: scholarships stipends meals dorms uniforms But this one thing Clemson can’t deliver this one thing the players had to bring on their own — guts — Swinney went ahead and trademarked for himself BYOG means business Write to Sean Gregory at [email protected] but to establish a link between what I may term artificial wealth and biological wealth but to simply enjoy the continuity that is the basis of our existence And they have no leaders has accused his government’s "enemies" as fomenting unrest the government on Thursday said every account named in the leak is being probed but made it clear that nobody would be punished without a proper process and even humans living nearby Having been plucked from his London home turf by his band’s success and his own growing reputation as a DJ and producer After months of teasing and false starts Felix Omas The Senate has confirmed the appointment of former Inspector-General of Police and 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"We feel good about the strategy and what its doing for us, Social Democratic [email protected] Paramount/AP Robin Williams in September of 1981 Steve Ringman—San Francisco Chronicle/Corbis Robin Williams with his mom, said his department had not received the autopsy report as of Tuesday morning.This story originally appeared on xoJane South Africa. None, Section 13.
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