The NIL era didn’t just change how college and Olympic athletes earn money. It changed what they are. Overnight, athletes became brands. Their name, image, and likeness transformed from personal identity into intellectual property with real commercial value.
And where there’s value, there’s risk.
As NIL opportunities have expanded well beyond simple sponsorships into licensing deals, merchandise lines, and digital content, athletes are discovering a hard truth: monetizing your brand and protecting it are two very different challenges — and most aren’t prepared for the second one.
Why NIL Protection Is Now Just as Important as NIL Monetization
Building NIL revenue takes work. Protecting it takes strategy.
Too many athletes focus entirely on securing deals without putting equal energy into protecting the rights that make those deals valuable. Trademarks go unregistered. Contracts get signed without a thorough review. And the result is often an athlete who has built real brand equity — but left the door open for others to exploit it.
NIL protection isn’t a back-burner issue. It’s a foundational one.
Common Mistakes Athletes Make When Signing Endorsement and Licensing Deals
Contract mistakes in the NIL space tend to follow predictable patterns:
- Overly broad likeness grants — Athletes sign away the right to use their name and image in ways they never anticipated, without time limits or context restrictions.
- No exclusivity audit — Signing with one brand without checking for conflicts can breach existing agreements and cost an athlete other deals.
- Missing termination clauses — Without clear exit provisions, an athlete can remain tied to a brand relationship long after it stops serving them.
- Ignoring sublicensing language — Companies that can sublicense an athlete’s likeness to third parties can create uses the athlete never agreed to and can’t easily undo.
Reading the fine print isn’t optional. Understanding it, with legal guidance, is essential.
What Happens When Someone Uses an Athlete’s Name or Likeness Without Permission
Unauthorized use of an athlete’s NIL is more than an annoyance. It’s a legal violation, and it can cause serious harm.
Depending on the circumstances, an athlete may have claims for right of publicity violations, trademark infringement, false endorsement under the Lanham Act, or unfair business practices. Remedies can include injunctive relief to stop the unauthorized use, monetary damages, and, in some cases, recovery of the infringer’s profits.
The key is acting quickly. Unauthorized use that goes unchallenged can complicate future enforcement and send the wrong signal to the market about how seriously an athlete guards their brand.
How Social Media and AI Are Making Brand Theft Easier
The same platforms that give athletes direct access to millions of fans are also making it easier for bad actors to exploit their brand.
Fake social media accounts impersonating athletes are commonplace. AI-generated content, including deepfakes, synthetic voice clips, and fabricated endorsement posts, can now be created at scale with minimal effort. The result: an athlete’s name, voice, or likeness can be used to promote products, spread misinformation, or generate revenue for someone else entirely, often before the athlete is even aware it’s happening.
Monitoring your digital presence isn’t paranoia. At this point, it’s a basic requirement of brand ownership.
Steps Athletes Should Take Early to Protect Their NIL
The athletes best positioned to protect their brand are the ones who treat it like a business asset from day one:
- Register your trademarks. Your name, nickname, logo, or signature phrase may be registrable. Do it before someone else does.
- Review every contract. Understand exactly what rights you’re granting, to whom, for how long, and under what conditions.
- Monitor your brand online. Set up alerts and conduct regular searches for unauthorized use of your name, image, and likeness.
- Document everything. Keep records of your NIL agreements, brand partnerships, and any instances of unauthorized use — you may need them later.
- Work with an attorney who understands NIL. The legal landscape around name, image, and likeness is still evolving. Having experienced counsel in your corner before a problem arises is far better than scrambling to respond after one.
At Heitner Legal, we work with athletes, influencers, and entrepreneurs to protect their name, image, and likeness as the business asset it is, from contract review and trademark registration to enforcement when someone crosses a line.
The Bottom Line
NIL opened a door that wasn’t open before. But an open door cuts both ways. Athletes who invest in protecting their brand with the same energy they put into building it are the ones who will be able to monetize it, and defend it, for the long term.