http://www.usatoday.com/story/sport...-and-texas-m-want-more-money-yessir/73487056/
With a $5 million-a-year contract and a catchy hashtag that was drawing marketing interest, did Kevin Sumlin and Texas A&M officials think it would be a good idea to play some trademark defense and maybe generate a few more bucks along the way?
YESSIR!
So, earlier this year, Sumlin’s representatives and the university re-arranged his employment agreement. His guaranteed compensation and the contract’s length remained the same. What changed was the creation and inclusion of a trademark licensing agreement between the university and #YESSIR!, LLC, a corporate entity that Sumlin formed in January 2014 based on the hashtag that has been appearing on his Twitter feed whenever a high school player announces a commitment to Texas A&M.
Now, $1.5 million of Sumlin’s annual compensation goes to the LLC, which has formally claimed ownership of the YESSIR! hashtag and granted the university the right to use it, as well as Sumlin's image, in ways including on merchandise. That has allowed the hashtag to appear in a current TV commercial for Texas A&M’s shoe and apparel provider, Adidas, that also includes Sumlin — dressed in A&M gear, of course — and several pro football players.
Within a few weeks, the hashtag is scheduled to begin appearing on yet another medium — T-shirts from Adidas that also will carry the Texas A&M logo. Sales will result in royalties being paid to Sumlin’s LLC and to the university, which is eager to keep its coach, its gear-hungry fans and its corporate partner happy while promoting and controlling its own brand too.
Under the new agreements, said Texas A&M senior associate athletics director Jason Cook, the school and Sumlin’s representatives at CAA Sports “are going to jointly police, but then also jointly promote and maybe profit from that mark.”
College coaches cannot comment on high school recruits until they have signed a National Letter of Intent. But not long after moving to Texas A&M from Houston in December 2011, Sumlin began alerting his Twitter followers of any new commitment by posting simply: #YESSIR!
With the Aggies' dramatic success, sparked by star quarterback Johnny Manziel, the hashtag gained in popularity. So did the sideline profile that Sumlin cut while wearing a visor.
During Sumlin’s second season at the school, some local marketers began selling T-shirts featuring the hashtag, said Texas A&M’s interim vice president for marketing and communications Shane Hinckley. Not long thereafter, Hinckley said, Adidas inquired about producing officially licensed T-shirts featuring Sumlin and his visor. Given Texas A&M’s zealous protection of the phrase “12th Man” in a dispute with the NFL’s Seattle Seahawks and Manziel’s efforts to do the same with his nickname, “Johnny Football,” this was familiar territory.
According to Hinckley, A&M officials contacted Sumlin’s representatives and asked: “Where does Coach stand on the use of his likeness and this mark?”
Sumlin’s representatives at CAA Sports include Trace Armstrong, who also represents Ohio State coach Urban Meyer. In 2012, Meyer assigned a variety of rights to Ohio State, and allowed the school to register his name and likeness with the U.S. Patent and Trademark Office. The arrangement let Ohio State authorize production of Meyer bobbleheads in 2012 and this year that resulted in about $20,000 in royalties for Meyer’s foundation, said Rick VanBrimmer, an Ohio State assistant vice president for business advancement.
As with Ohio State, Texas A&M officials said their primary interest is in helping the coach and CAA Sports control unauthorized use of his marks.
“At the end of the day when you’re talking about a coach who has a multi-million-dollar contract. … this is incremental at best,” Hinckley said.
But every increment is important.
Told that USA TODAY Sports had been able to go online late this summer and purchase a Texas A&M-maroon T-shirt emblazoned with not only Sumlin’s hashtag, but also A&M’s logo, Hinckley replied: “It’s not authorized, I can tell you that. You bought bootleg product, and I’ll be looking at that when I get off the phone with you.”
With a $5 million-a-year contract and a catchy hashtag that was drawing marketing interest, did Kevin Sumlin and Texas A&M officials think it would be a good idea to play some trademark defense and maybe generate a few more bucks along the way?
YESSIR!
So, earlier this year, Sumlin’s representatives and the university re-arranged his employment agreement. His guaranteed compensation and the contract’s length remained the same. What changed was the creation and inclusion of a trademark licensing agreement between the university and #YESSIR!, LLC, a corporate entity that Sumlin formed in January 2014 based on the hashtag that has been appearing on his Twitter feed whenever a high school player announces a commitment to Texas A&M.
Now, $1.5 million of Sumlin’s annual compensation goes to the LLC, which has formally claimed ownership of the YESSIR! hashtag and granted the university the right to use it, as well as Sumlin's image, in ways including on merchandise. That has allowed the hashtag to appear in a current TV commercial for Texas A&M’s shoe and apparel provider, Adidas, that also includes Sumlin — dressed in A&M gear, of course — and several pro football players.
Within a few weeks, the hashtag is scheduled to begin appearing on yet another medium — T-shirts from Adidas that also will carry the Texas A&M logo. Sales will result in royalties being paid to Sumlin’s LLC and to the university, which is eager to keep its coach, its gear-hungry fans and its corporate partner happy while promoting and controlling its own brand too.
Under the new agreements, said Texas A&M senior associate athletics director Jason Cook, the school and Sumlin’s representatives at CAA Sports “are going to jointly police, but then also jointly promote and maybe profit from that mark.”
College coaches cannot comment on high school recruits until they have signed a National Letter of Intent. But not long after moving to Texas A&M from Houston in December 2011, Sumlin began alerting his Twitter followers of any new commitment by posting simply: #YESSIR!
With the Aggies' dramatic success, sparked by star quarterback Johnny Manziel, the hashtag gained in popularity. So did the sideline profile that Sumlin cut while wearing a visor.
During Sumlin’s second season at the school, some local marketers began selling T-shirts featuring the hashtag, said Texas A&M’s interim vice president for marketing and communications Shane Hinckley. Not long thereafter, Hinckley said, Adidas inquired about producing officially licensed T-shirts featuring Sumlin and his visor. Given Texas A&M’s zealous protection of the phrase “12th Man” in a dispute with the NFL’s Seattle Seahawks and Manziel’s efforts to do the same with his nickname, “Johnny Football,” this was familiar territory.
According to Hinckley, A&M officials contacted Sumlin’s representatives and asked: “Where does Coach stand on the use of his likeness and this mark?”
Sumlin’s representatives at CAA Sports include Trace Armstrong, who also represents Ohio State coach Urban Meyer. In 2012, Meyer assigned a variety of rights to Ohio State, and allowed the school to register his name and likeness with the U.S. Patent and Trademark Office. The arrangement let Ohio State authorize production of Meyer bobbleheads in 2012 and this year that resulted in about $20,000 in royalties for Meyer’s foundation, said Rick VanBrimmer, an Ohio State assistant vice president for business advancement.
As with Ohio State, Texas A&M officials said their primary interest is in helping the coach and CAA Sports control unauthorized use of his marks.
“At the end of the day when you’re talking about a coach who has a multi-million-dollar contract. … this is incremental at best,” Hinckley said.
But every increment is important.
Told that USA TODAY Sports had been able to go online late this summer and purchase a Texas A&M-maroon T-shirt emblazoned with not only Sumlin’s hashtag, but also A&M’s logo, Hinckley replied: “It’s not authorized, I can tell you that. You bought bootleg product, and I’ll be looking at that when I get off the phone with you.”
