The NFL can’t stop Colin Kaepernick from winning off the field

Colin Kaepernick Nike Commercial

The NFL has not been able to beat him or shake him. Yet they won’t allow him to join them. Former 49ers quarterback Colin Kaepernick, has somehow managed to maintain his relevance at the beginning of each NFL season despite not being on an NFL roster. And he did it again — with a little help from Nike — when it was announced that his commercial with Nike won the Emmy for outstanding commercial at the Creative Arts Emmy Awards.

Last September, Nike launched the celebration of the 30th Anniversary of their “Just Do It” slogan with Colin Kaepernick as the face of the ad campaign. Nike, the official sponsor of the NFL, and Kaepernick released a very inspiring commercial as a part of the ad campaign. In the commercial, Kaepernick charges everyone to “believe in something even if it means sacrificing everything”.  

That is exactly what Kaepernick did. The former San Francisco 49ers quarterback sacrificed everything when he began kneeling during the national anthem to protest police brutality. As a result of his protest, he lost his job as he has yet to sign with another NFL team. Last year, the commercial sent the sports community into a frenzy. There were those who supported the commercial and praised Nike for acknowledging Kaepernick’s courage. There were those who were vehemently against it and burned their Nike products to show their disgust.

However, the majority of people clearly loved the commercial as it won the award. It is Nike’s first time winning an Emmy since 2002. The commercial is certainly a deserving recipient of the award. Nike and Kaepernick surely inspired many with the commercial. Kaepernick is the embodiment of standing up for your beliefs even it means sacrificing everything else. Colin Kaepernick has got another major win in the midst of the NFL season despite not being on an NFL roster. 

Why Is Paying College Athletes Viewed so Negatively by Some Fans?

Paying College Athletes Duke Zion Williamson NCAA

Many college sports fans support amateurism. They support it even when it defies all manners of common sense and logic. This was seen in various fans’ reactions to the injury that freshmen phenom Zion Williamson suffered in the UNC/Duke game on February 20, 2019. Leading up to and during that game, fans witnessed the sham […]

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The Spokane Hoopfest is the best sporting event you haven’t heard of

Spokane Hoopfest

Every summer, the last weekend in June turns the little city of Spokane, Washington – a town that has always been known for its basketball fandom – into a madhouse. The city itself boasts a population of about 217,000, mostly lower-middle-class working folk who enjoy Spokane’s affordable housing, proximity to water and mountains, and basketball. Oh, do they love their basketball tournament!

A big sign on the east side of the city greets visitors with the slogan “Welcome to Hooptown, USA”. During Hoopfest weekend, that sign helps welcome roughly 225,000 people into the city, beckoning them into the largest 3-on-3 basketball tournament on planet earth.

That’s right, a city of 217,000 people doubles in size, just to watch amateur 3-on-3 basketball. The 450 makeshift courts are all right on the street, taking up 45 city blocks, with paint lines and portable basketball hoops lining the city nearly in its entirety.

The History of Hoopfest

Hoopfest just completed its 30th season, making it a staple of Spokane’s history and culture since 1989. Participants as young as five and as old as 90 make up the nearly 20,000 different ballers that take the court each year.

There are family brackets, wheelchair brackets, under six-foot, over six-foot, co-ed, men’s, women’s, elite and recreational formats, meaning there truly is something for everybody.

Games are frequently attended by NBA stars. Isaiah Thomas was there this year, just days before signing with the Washington Wizards. Past years have seen Kevin Durant, Brandon Roy, Jamal Crawford, and Nate Robinson attend, and of course the local Gonzaga and Washington State stars – including Klay Thompson, Rui Hachimura, Kelly Olynyk, and John Stockton – almost always make an appearance.

My Experience

This past year was my eighth year participating in Hoopfest. My team has changed a bit over the years, first serving as an opportunity to get my high school friends to come visit me in Spokane (I went to Gonzaga) and now serving as a college reunion with friends who still live in the area. The drive from Seattle to Spokane and back is proof enough of how busy the event is, as traffic is nearly non-stop.

Every team is guaranteed three games, and my buddies and I have rarely played more than that. The competition, even in our adult recreational league, is immense. While that can sometimes boil over into heated exchanges, volunteer court monitors (over 3,000 of them!) help keep tempers cool, even when the temperature in Spokane’s desert climate touches 100 degrees.

Playing physical basketball (you call your own fouls, streetball style) against hyper-competitive strangers in 100-degree heat may not sound like everyone’s version of a good time, but I can promise you that after eight years of suiting up, and a self-reported 5-20 record, that I will be back next year. And you should be too.

If you ever have an opportunity to participate, volunteer or just watch Hoopfest, you’ll see why this little town in Eastern Washington is rebranding as “Hooptown, USA”.

They’ve earned it.

Kawhi Leonard v. Nike, Inc.: The Fight For “The Klaw”

Kawhi Leonard files lawsuit against nike over claw logo

With the series tied 1-1 heading into Game 3 of the NBA Finals between the Toronto Raptors and the Golden State Warriors, much talk has been centered on the Raptors’ pursuit to overthrow the latest dynasty to grace the hardwood. However, Raptors’ Kawhi Leonard has become the subject of a storyline off the court.

The Battle of Intellectual Property Rights

Kawhi Leonard’s Registered “The Klaw” logo with the USPTO

On June 3, Kawhi Leonard filed a federal complaint against Nike asking the court to declare that Leonard is the author of “The Klaw,” the logo commonly associated with Leonard throughout his professional career. The complaint further states that Nike committed fraud on the Copyright Office by seeking registration of the logo.

Leonard is the owner of six trademark applications with the United States Patent and Trademark Office (USPTO). Three applications include “The Klaw” logo for use with various goods and services such as basketballs, backpacks, and apparel.

The issue is Nike’s alleged ownership of the logo. United States Copyright Law grants owners the exclusive right to display their works as they see fit. Without the ability to reproduce the logo, Leonard’s trademark registrations are essentially useless. But copyrights are assigned solely to the authors of the works, and therein lies the rub. The complaint states Leonard created the logo in “late December 2011 or January 2012”; however, Nike’s copyright registration claims the company authored the logo in 2014. The facts surrounding these dueling timelines will play a vital role in the court’s determination.

The Nike Agreement

Even if Kawhi Leonard created “The Klaw,” that may not be enough. After being selected in the 2011 NBA Draft, Leonard signed a contract to provide “personal services and expertise in the sport of professional basketball and endorsement of the Nike brand and use of Nike products.” Such contracts usually include a “work for hire” provision, which typically read as follows:

Athlete hereby unconditionally and irrevocably transfers and assigns to Company all right, title and interest, including all intellectual property rights, in and to all materials, including all works of authorship, developed with Athlete’s involvement or by or on behalf of Athlete hereunder as part of the Services or otherwise in connection with this Agreement (“Works”).  Athlete agrees to complete and provide Company with any documents requested by Company to evidence Company’s ownership of such Works as well as the assignment of any and all rights.

The complaint mentions that any personal services provided did not constitute copyrightable material and/or constitute a “work for hire.” However, the complaint fails to attach the contract. If a transfer of rights language is included, Leonard’s claim fails, and Nike has a claim for ownership rights in “The Klaw.”

Will Leonard Prevail?

Nike has a history of staunchly defending intellectual property rights, so the company will not go down without a fight. It took Roger Federer until April 2019 to reclaim the rights to his “RF” logo despite leaving the company to sign a 10-year deal with Japanese clothing brand, Uniqlo, in 2018. New York Times reporter Marc Stein reported that the Los Angeles Clippers looked into purchasing “The Klaw” from Nike in order to boost their anticipated free-agency pitch for the coveted star. Settlement or purchase may be the best bet to resolve what may be Leonard’s toughest case on (or in) the court.

Follow Alan Wilmot on Twitter and Instagram @alanwilmotlaw

Colin Kaepernick Collusion Lawsuit Against the NFL is Over

Colin Kaepernick collusion NFL

Unexpectedly, Colin Kaepernick officially ended his collusion lawsuit against the NFL today. The former NFL quarterback has withdrawn his collusion complaint against the league and will take no further action in his case. Kaepernick had alleged the NFL owners conspired to keep him out after he began kneeling during the national anthem in 2016. The final hearing in his case against the NFL was set to take place this month. So, the timing of this withdrawal is a strong indication that the league reached a significant financial settlement with Kaepernick. People within his circle had previously spoken off the record that he would withdraw his lawsuit if the league compensated him significantly. The terms of the deal are subject to a “confidentiality agreement”.

The NFL and its owners would have been tremendously motivated to make this lawsuit go away if they believed it could be proven Kaepernick had in fact been blackballed. There is a provision within the current Collective Bargaining Agreement (CBA) between the NFL and NFLPA that could have voided the deal if the league was found to have colluded against players. An immediate work stoppage and a legal battle would have ensued that could have put the 2019 season and future of the NFL in jeopardy. This begs the question, how much money did it cost to make Kaepernick go away?

His protest against social justice and racial inequality issues started alone, but many other NFL players and athletes from all sports have picked up the torch. NIKE stated a campaign with Kaepernick as the spokesman.

Will Kaepernick Ever Play Again?

The end of this lawsuit likely marks the end of Kaepernick’s career. If a team was unwilling to sign him to prove he was not colluded against, then why would they sign him after they likely paid him to end the lawsuit? Commissioner Goodell said at the Super Bowl, “I think if a team decides that Colin Kaepernick or any other player can help their team win, that’s what they’ll do,” he added. “They want to win, and they make those decisions individually in the best interest of their club.” 

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What My 5-year-old Kid Taught Me by Staging his Own Nike Protest

Kid Nike Protest NFL Colin Kaepernick
As the 2019 NFL season comes to a close, I imagine that people across America are still licking their wounds from heated discussions regarding Nike’s decision to build an ad campaign around Colin Kaepernick.
In my head, I see fathers and sons bitterly divided over whether the controversial quarterback’s decision to protest injustice is worthy of finacial reward off the field, or similarly, financial deprivation on the field.
I too, had a fight with my son about Nikes, and appropriate methods of sacrifice… but it had absolutely nothing to do with Colin Kaepernick.

Pajama Day

A few months ago, my kindergarten son and I had a fight. It wasn’t our first fight of the week. It wasn’t even our last fight of the day. These fights happen because one of us is absurdly bullheaded and strong-willed. I say it’s him, and nothing you’ll ever say or do can convince me otherwise.

So in that case, maybe it is me.

Back to the story- That day, As I readied to leave the house for the typical school drop-off routine, I learned that my son believed very strongly that his school was having a pajama themed-spirit day. I had no evidence to back his theory up. No email from his teacher. No note home. Nothing on the school website.

His mother was out of town on business, so I made the executive decision that, even if pajama day was really happening, he would not be participating.

I wasn’t going to chance having my kid be the only one at school wearing pajamas.

He didn’t like my decision, and made it very clear that he was willing to risk the embarrassment of a full day in a long-sleeved Paw Patrol flannels, regardless of whether or not it was actually pajama day. What he was absolutely not going to do, was miss his first ever school spirit day.

I packed an extra set of clothing in his backpack, in the event that the burden of a typical 105-degree day in the Arizona desert changed his mind, and away we went.

Something is Missing

When we arrived at his school, I noticed something was missing- his shoes.

In my frustration with his stubbornness, had I forgotten to put on shoes? No. I distinctly remember him making the task of strapping up his electric-blue Nikes as pointlessly arduous as five-year-olds love to make any and every run-of-the-mill task.

So if I put shoes on him, and now, we’re here at his school without his shoes, where in the hell could they be?

“I threw them out the window.”

His tiny voice took a moment to break through my exasperated parental haze.

You… did what?

“I threw my shoes out the window of the car.”

I was stumped. Of all the nonsense my little friend has pulled… why this? He’s difficult, but not impractical- stubborn in his actions, but far from obtuse.

I pursed my lips, but it took several moments for the breathy “wwwwwhy?” to fall out.

“Because you don’t wear shoes to bed.”

I laughed.

He wasn’t wrong. I mean, he was definitely wrong… but his assertion, if situationally abducted from our current reality, was correct. Wearing shoes to bed is not something one should do (I’d also like to contend that hurling footwear from a moving minivan is equally unacceptable).

We hopped back into the car and went searching for his Nikes. The irony was not lost on me that, at a time in our culture when the very same footwear company has prompted widespread protest (as well as praise) for their choice to name an ex-NFL quarterback, who has become more known for acts of evoking social consciousness and provoking debate than he is for his athletic exploits, my son chose to toss his sneakers out a moving car window in your his own fit of protest.

My son’s act of defiant nonsense almost perfectly personified the spirit of Nike’s new ad campaign.

“Believe in something, even if it means sacrificing everything.”

Conviction makes the world go ’round

My son believes things very strongly. To him, your beliefs aren’t even beliefs, they’re simply knowledge. He didn’t just believe that it was pajama day, he knew. He didn’t believe that shoes aren’t part of a traditional pajama ensemble, he knew. That’s called conviction, and convicted people are what make the world go ’round.

Convicted people can also flip the world upside down, and that may or may not be a good thing. I suppose it depends on if the world being right-side up involves the “right side” being up.

I know my son is young, but the conviction he feels when making his decisions is already my most formidable opponent as a parent. He’s already willing to sacrifice the peace of our home to take the proverbial knee on any number of issues… issues that may feel trivial to me as his father, but issues that encompass his entire miniature kindergarten world.

Issues like turkey sandwiches being an acceptable breakfast food. Or whether standing directly in front of the television is the best way to consume content. Or pajama day.

Someday, his causes will be larger than food and dress. Someday his cause will be one that, when his stand is made, will make greater waves than making us late for school or planting the seeds for a blog idea in his father’s head.

When that time comes, as heroic as Nike’s “believe in something, even if it means sacrificing everything” campaign might sound, some things might be worth hanging on to, even if they conflict with his beliefs.

This isn’t meant to be a comparison to Colin Kaepernick, or any of the connotations that come along with his mission to draw attention to racial injustice at the hands of authority figures. This is about my son throwing his shoes out the window.

Having those shoes on conflicted with his belief that he didn’t need them, so he tossed them away.

Someday the thing he doesn’t need in the moment might not be shoes. It might be might be something more consequential- like relationships. I need my son to know he can’t just throw out the people in his life in the times that he feels their presence conflicts with his current causes or needs.

Belief can certainly invite a need for certain sacrifices, but it doesn’t demand them. It’s my job to help him to never forget that he needs people, especially people that he doesn’t think he needs, to remind him that convictions are only worthwhile if shared with a community of people that can help see those convictions through.