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Football Success Leads To Rise In Mississippi State Licensing, Likeness Infringement

Mississippi State Univ. is “addressing reports of local and state businesses attempting to piggyback football success with their own by selling unlicensed merchandise and using student-athletes likenesses in promotions without their permission,” according to Carl Smith of the Columbus COMMERCIAL DISPATCH. MSU Senior Associate AD/Compliance Bracky Brett earlier this week forwarded to local chamber of commerce members an e-mail, which stated “several Starkville area businesses used pictures of student-athletes for promotional purposes.” Brett on Wednesday said that MSU “also identified about a dozen statewide vendors attempting to sell goods, like caps and T-shirts, with State's trademarked images and signage.” Some other businesses have “used player images,” including QB Dak Prescott's photo, “while publishing targeted ads through social media.” Brett said that cease and desist letters “have been sent to infringers.” MSU is ranked No. 1 for the first time in school history, and Brett said, "Very rarely have these incidents been intentional, for the most part. There are just a lot of people that are excited, including us, about the place we're at with our football team. I've talked to my counterpart at Ole Miss, and they're experiencing the same thing there.” Brett said that Prescott “has an attorney working to protect his first name in an attempt to possibly control it after his collegiate playing career comes to an end.” Brett added, while also mentioning RB Josh Robinson, “'Dak' is a little more unusual; it's very specific when you say it. We've already heard a lot of phrases like 'Dak attack,' 'Dak Dynasty' and 'Dakman and Robinson’” (Columbus COMMERICAL DISPATCH, 10/24).

GETTING POLITICAL: In Jackson, Geoff Pender reported the Mississippi Republican Party this week began sending out an e-mail on behalf of U.S. Sen. Thad Cochran's re-election campaign "that appears to violate NCAA rules by using photos" of MSU DB Jamerson Love and Ole Miss DB Cody Prewitt. The e-mail contained the headline, "Football Time in Mississippi" and "notes the universities' unprecedented success in football this season." State Republican Party Communications Dir Bobby Morgan said that he "created and sent the email and, if it runs afoul of NCAA rules, it was an honest mistake." Morgan: "The party was made aware that sending the picture in the same email with a volunteer message may have violated NCAA regulations. We discontinued use of that image, haven't used it since, and didn't promote it online or anywhere else" (CLARIONLEDGER.com, 10/23).

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