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re: He's baaaaack! Oh wait - he never left
Posted on 1/16/14 at 12:14 pm to narddogg81
Posted on 1/16/14 at 12:14 pm to narddogg81
quote:
I can go buy a signed jersey from any active player you care to name from just about any team
For players of note, this is true. Current team signed helmets and jerseys for most big teams are pretty easy to get too.
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Posted on 1/16/14 at 12:15 pm to narddogg81
quote:Hell, all you gotta do is show up for fan day or catch one of the players leaving the practice field and most of 'em will sign you stuff just out of the kindness of their heart. Some players are very generous with their autographs, some aren't.
I can go buy a signed jersey from any active player you care to name from just about any team
Posted on 1/16/14 at 12:15 pm to Scoreboard
Clay Travis may be butthurt over Bama's recent success, but I still like him.
I loved his Dixieland Delight book.
I loved his Dixieland Delight book.
Posted on 1/16/14 at 12:15 pm to AUsteriskPride
quote:
I'd venture to say it wouldn't be hard to prove trademark/name damage by him personally being involved in the distribution of the memorabilia after the previous warning.
But, didn't they claim to have educated their players towards this kind of thing after the first round with Tom? One would think all the bama players should know not to sign memorabilia for this guy. Instead it's popping up like wildfire!
This post was edited on 1/16/14 at 12:16 pm
Posted on 1/16/14 at 12:18 pm to WDE1980
quote:
I'd venture to say it wouldn't be hard to prove trademark/name damage by him personally being involved in the distribution of the memorabilia after the previous warning.
quote:Again.... Bama covered their arse as far as NCAA compliance is concerned. They sent the buisness man C&D letters and they educated their student-athletes. What else can they do?
But, didn't they claim to have educated their players towards this kind of thing after the first round with Tom? One would think all the bama players should know not to sign memorabilia for this guy. Instead it's popping up like wildfire!
Posted on 1/16/14 at 12:19 pm to bamawriter
quote:
Of course they could. But if it isn't this guy, it'll be someone else. There's no way to stop this kind of thing from happening. Not for long, anyway.
you could punish the players, the ones giving the guy his merchandise. that would stop it, pretty quickly
quote:
I can go buy a signed jersey from any active player you care to name from just about any team
game worn merchandise from active players?
Posted on 1/16/14 at 12:19 pm to elposter
quote:I agree with you. A creative and motivated attorney might, based on the prior c&d letter, be able to argue a tortious interference with contract claim if his actions were to threaten the eligibility of any players.
I mean, you could file that lawsuit, but it would get thrown out on a motion to dismiss very quickly. There is likely no viable lawsuit Alabama could bring against a sports memorabilia guy like this based on what that article says happened and the current state of the law.
just thinking outside the box. Don't think Bama would have much of an interest in making this thing a legal battle. Posted on 1/16/14 at 12:20 pm to bamawriter
quote:
The previous warning doesn't carry the weight of the law. And the guy isn't violating any trademark, and arguing that he is damaging the trademark is a major stretch. The school might be able to wear him out on legal fees, but it would be the very definition of a frivolous lawsuit.
Meh, a cease and desist could be sent to him IMO to halt the sale of the items if they are in fact a threat to the institution. If he further violates those wishes, it wouldn't be hard to prove malice intent with the knowledge of NCAA violations. I don't believe that to be frivolous at all.
This post was edited on 1/16/14 at 12:23 pm
Posted on 1/16/14 at 12:20 pm to Scoreboard
This shite again?
Who fricking cares....
Who fricking cares....
Posted on 1/16/14 at 12:21 pm to AUsteriskPride
quote:
a threat to the institution
how so?
Posted on 1/16/14 at 12:21 pm to Scoreboard
That's a good article. The way that Bama laughs in the face of Slive and Emmert is something. This is where Slive gets on the phone begging Master Saban to write up some CYA letter. 
Posted on 1/16/14 at 12:21 pm to AUsteriskPride
quote:
Meh, a cease and desist could be sent to him IMO to halt the sale of the items if they are in fact a threat to the institution. I don't believe that to be frivolous at all.
unless he purchased the game worn stuff from the university direct, doesnt that that property actually belong to the university?
Posted on 1/16/14 at 12:22 pm to AUsteriskPride
quote:
Meh, a cease and desist could be sent to him IMO to halt the sale of the items if they are in fact a threat to the institution. I don't believe that to be frivolous at all.
I could send you a cease and desist letter to stop posting in this thread.
It would carry the same legal weight as Alabama's C&D to Tom about selling Alabama stuff.
Posted on 1/16/14 at 12:24 pm to NYCAuburn
quote:
doesnt that that property actually belong to the university?
I thought about this the other day when Laitner's Duke jersey sold for over a $100,000... I assume it's the university's property, but what if CL just walked off the floor with it and kept it... no one at the time would give a sh*t...
Posted on 1/16/14 at 12:24 pm to bona fide
quote:
how so?
If potential NCAA violations are occurring knowingly at his business after a C&D? It would be a financial threat for sure.
Posted on 1/16/14 at 12:24 pm to AUsteriskPride
quote:
Meh, a cease and desist could be sent to him IMO to halt the sale of the items if they are in fact a threat to the institution.
The school doesn't own the items that are being sold. They don't have a legal right to demand that they cease being sold.
The State has a law on the books that makes it illegal to compromise the eligibility of a student-athlete. But it would be up to the State's Attorney's office to pursue that.
Posted on 1/16/14 at 12:25 pm to RT1941
quote:
and they educated their student-athletes.
Not very well.
Posted on 1/16/14 at 12:25 pm to Scoreboard
If Roy Adams/Tennstud decides to spill the beans UTk is toast.
BTW, he's still entertaining area HS football coaches and players in his home.
BTW, he's still entertaining area HS football coaches and players in his home.
Posted on 1/16/14 at 12:27 pm to bamawriter
IMO, Bama's recourse is less towards Albetar, assuming they have taken real measures to limit his access to the program, and more towards attempting to control their own athletes and educating them about the risks to their eligibility with dealing with this guy and other boosters.
Posted on 1/16/14 at 12:28 pm to lowspark12
quote:
I thought about this the other day when Laitner's Duke jersey sold for over a $100,000... I assume it's the university's property, but what if CL just walked off the floor with it and kept it... no one at the time would give a sh*t...
I may be mistaken, but I believe it is technically University property until they graduate
ETA:
quote:
NCAA member institutions should note that in accordance with Bylaw 16.12.1.8,
a student-athlete may retain athletics apparel items (not equipment) at the end of
the individual's collegiate participation. Used equipment may be purchased by
the student-athlete on the same cost basis as any other individual interested in
purchasing such equipment. It should be noted, however, that the NCAA
Administrative Committee, during its October 23, 1986, meeting, confirmed that
apparel items that are not reusable by other team members in subsequent
seasons (subject to the discretion of the institution) could be considered the
property of the involved student-athlete.
This post was edited on 1/16/14 at 12:33 pm
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