In the age of Name, Image, and Likeness (NIL), student-athletes are more than competitors, they’re entrepreneurs, influencers, and public figures. With the ability to monetize your brand, protecting that brand has never been more important.
Jay Arnesen, the CEO and Managing Director of Elevate Legal Services, PLLC, is a nationally recognized NIL attorney based in Boca Raton, Florida. With years of hands-on experience in Name, Image, and Likeness (NIL) law, Jay has built a reputation as a top legal strategist for high school and college athletes, sports agents, and brands involved in NIL deals. He is frequently called upon to draft, negotiate, and litigate complex NIL contracts and high-value endorsement agreements. Known for his sharp negotiation skills and deep understanding of athlete branding, trademark law, and sponsorship agreements, Jay is the go-to legal expert for protecting athletes’ NIL rights and maximizing their earning potential in today’s competitive sports market.
At Elevate Legal Services, PLLC, we help student-athletes across Florida safeguard their reputation, image, and future earnings. Based in Boca Raton, our legal team offers NIL-focused legal guidance for every stage of your athletic and business journey.
Call 561-770-3335 or email [email protected] for a free NIL consultation.
Why Brand Protection Matters
Your brand is your most valuable asset. It includes:
- Your name, image, and likeness
- Your social media identity
- Your logo, slogan, and merch
- Your reputation on and off the field
When protected, your brand can lead to:
- NIL deals
- Sponsorships
- Media appearances
- Speaking gigs
- Long-term business success
But without protection, you’re vulnerable to:
- Unauthorized use of your likeness
- Contract traps and IP theft
- Online brand damage
- Financial and legal liability
Step 1: Know What Your Brand Includes
Before you can protect your brand, understand what it is:
- Your name, nickname, or initials
- Your photos and videos
- Your voice or signature
- Logos or catchphrases you use
- Social media content
- Public appearances, interviews, or sponsored events
Pro tip: Your brand is intellectual property. Treat it like a business.
Step 2: Trademark Your NIL Assets
Want to stop others from selling merch with your name or using your logo? File a trademark.
Why You Need a Trademark:
✔Prevent brand theft
✔ Increase endorsement value
✔ Build professional credibility
✔ Gain legal rights to take action
What to Trademark:
- Your name (if it’s unique)
- Your logo or personal symbol
- Slogans or hashtags you regularly use
Work with an attorney to file with the USPTO and monitor for infringement.
Step 3: Use Contracts to Protect Your NIL
Every NIL partnership should include a well-drafted contract. Don’t sign deals that:
Take your rights forever
Limit your future opportunities
Lack of clear payment terms
Must-Have NIL Contract Clauses:
- Usage Rights: Where, when, and how your image can be used
- Ownership: You keep your IP
- Exclusivity: Don’t get boxed out of future deals
- Termination: Can you walk away if things go wrong?
Warning: Brands often include “rights-grab” clauses. Have every deal reviewed by your attorney.
Step 4: Build a Strong Social Media Brand—Carefully
Your social media = your storefront. Keep it clean, consistent, and professional.
Tips for Brand-Safe Posting:
✔ Use your athlete account for business content
✔ Post consistently and engage with your audience
✔ Avoid controversial or offensive material
✔ Highlight your values, achievements, and personality
✔ Tag sponsors and comply with deal terms
Your content is currency—treat it like a business asset.
Step 5: Form an LLC for Your NIL Business
Creating a Limited Liability Company (LLC) protects you from legal and financial risks—and makes you look more professional.
Benefits of an LLC:
- Protects your assets
- Allows for easier tax planning
- Helps with contracts, trademarks, and branding
- Sets you up for future expansion or partnerships
An NIL attorney can help you register and manage your LLC legally and efficiently.
Step 6: Monitor & Enforce Your Brand Rights
Your NIL can be used without permission. You must actively monitor how your brand is being used online.
Tools for Brand Monitoring:
- Google Alerts for your name and handle
- Reverse image search to find unauthorized photos
- Regular checks on merch sites or social media
If you find misuse: Contact your NIL attorney immediately
Send a cease-and-desist
Take legal action if necessary
Step 7: Know Florida's NIL Laws
Florida Statute §1006.74 allows student-athletes to profit from NIL, but with strict rules:
You can be paid for endorsements
You cannot accept pay-for-play offers
You must disclose NIL contracts to your school
You cannot conflict with school sponsorships
Failure to comply could risk your eligibility or future deals. We’ll make sure you stay in bounds.
Why Choose Elevate Legal Services, PLLC?
Student-athletes trust Elevate Legal Services, PLLC because we offer:
Full NIL brand protection—contracts, trademarks, business setup, and more
Dedicated athlete focus—we represent student-athletes only
Florida-based expertise—we know local and NCAA rules
Fast, aggressive legal protection when your rights are at risk
Free initial consultations and flat-rate NIL legal packages
Final Thoughts: Play the Long Game
Your brand is your future. You train for game day—now train your business and legal strategy.
Let Elevate Legal Services, PLLC, help you build, protect, and profit from your NIL the right way.
Call 561-770-3335 or email [email protected] today for a personalized NIL brand protection plan.
Your image is your empire—let us protect it.
