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Tuesday, December 3, 2024

Vanderbilt QB Disputes Licensed NIL Apparel: ‘This Is Not Me’

  • Diego Pavia denied involvement with NIL apparel featuring his name, image, and coined phrase, telling fans not to order the shirt.
  • The company that made the shirt said it was properly licensed, and Pavia will make money from sales.
Jordan Prather-Imagn Images

Vanderbilt quarterback Diego Pavia and sports apparel company BreakingT had a curious exchange over branded merchandise on social media Monday night.

Earlier Monday, BreakingT posted photos and a link to purchase a shirt with Pavia’s name, image, and viral quote, “Vandy We Turnt,” which Pavia proclaimed after Vandy’s Oct. 5 upset over then–No. 1 ranked Alabama. BreakingT’s promotion was linked to an earlier tweet by Pavia encouraging businesses to contact his agent for NIL (name, image, and likeness) deals

Pavia responded that night: “This is not me.. WE HAVENT WORKED OUT A DEAL! DO NOT ORDER.” (He deleted the post on Tuesday afternoon.)

About 20 minutes later, BreakingT responded to Pavia: “Well, this is awkward. These shirts were approved and are licensed by Vanderbilt and yourself (via One Team Partners), and you’re receiving a royalty on all sales. Please DM us if you’d like anything further. Thanks.”

OneTeam Partners is one of the major players in the collegiate group licensing space that represents athletes in large marketing deals in lieu of a players’ association, which takes on this role in the pros. It’s the company that helped make EA Sports College Football a reality by negotiating on behalf of the athletes: EA got to use their NIL, and athletes got $600, a copy of the game, more potential marketing opportunities, and no royalties.

At most major Division I programs, it’s standard practice for all new athletes to sign a group licensing contract with a company that the school partners with, like OneTeam.

According to a source familiar with the situation, Pavia did sign a group licensing deal with OneTeam.

In general, when players sign their group licensing rights to OneTeam, companies such as BreakingT are able to make products that include an athlete and school’s likeness and sell them for profit that partially goes back to the athlete. It’s not necessary for multiple athletes to be part of a campaign for a group licensing deal to go through; the “group” being licensed is the athlete and the school.

Representatives for Pavia and BreakingT did not immediately respond to requests for comment. A representative for OneTeam did not comment.

Pavia and the Commodores are coming off the biggest upset in school history over then–No. 1 Alabama on Oct. 5. The SEC slapped the school with a $100,000 fine for storming the field. Vanderbilt began auctioning off items from the game, including pieces of the uprights and crossbar, the pylons, a game ball, and helmets.

The incident is just the latest example of the nascent NIL era’s blind spots created by unregulated or inconsistent guidelines that can confuse or harm athletes, companies, and teams. 

Last month, UNLV quarterback Matthew Sluka announced he would redshirt the rest of his season after a 3–0 start because “certain representations” were “not upheld.” Sluka’s agent told ESPN an assistant coach had “verbally promised” him at least $100,000, but the school and collective offered only $3,000 per month during the football season once he arrived.

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