A University of Colorado, Deion Sanders, and Nike have been negotiating proper license to sell co-branded clothing for the last five years, according to a school director, replacing the “handshake agreement” that the parties are now using for clothing that includes the IPs of both CU and its football coach.
Colorado and Nike, the Buffaloes ‘ clothing company, are “getting nearby” to signing a special licensing arrangement that has been in the works since last drop, CU director Steve Hurlbert told Sportico. A related partnership with Sanders, which will decide how their income will be divided, is also being discussed by the institution.
The three factors are looking to capitalise further on the maelstrom of attention—and business opportunity—that has defined Sanders ‘ first year in Boulder, Colo. In his first Energy Five supporting role, the former MLB and NFL star sparked nationwide media attention, soaring ticket sales, and generating previously unheard of media coverage in Colorado. Hurlbert claims that there is now some co-branded Footwear clothing for sale that is being produced under an informal agreement between the parties.
It’s questionable what precisely is holding up the execution of the contracts. Hurlbert suggested that there was no particular urgency among the parties to formalize the terms, while representatives for Nike and Sanders did n’t respond to requests for comment.
The school’s continuing discussions with Nike are directly made clear in a review of the revenue-sharing deal from January, which was obtained through a public information request. The university is reportedly working on a” special license type agreement” where university marks will be incorporated and paid 18 % royalty for Nike” Prime 21″ merchandise. The report includes empty spaces to understand how those proceeds may be split between Sanders ‘ business, Prime Time Enterprises, and Colorado’s sport office.
According to the draft agreement, Sanders would seek approval from the university—and specifically CU’s athletic director—for anything that appeared on co- branded merchandise, prior to it being submitted to Nike. As long as Sanders is employed as Colorado’s head football coach, the agreement would remain in place. According to the draft agreement, the university would have six months to liquidate any remaining goods and distribute the profits in accordance with the revenue share terms if he no longer existed.
Shortly after Sanders ‘ employment, the university struck licensing agreements with Blue 84 and 47 wholesale clothing companies, which produced the first round of co-branded merchandise that was offered from December 2022 through the spring of 2023. Of those sales, 12 % of the revenue went to Sanders and 12 % went to CU, according to Hurlbert.
That fall, after reaching a tacit agreement, Nike began producing its line of co- branded items—including t- shirts bearing” Coach Prime” and Sanders ‘” We Ain’t Hard 2 Find” catchphrase—which are currently for sale through CUBuffs.com and Fanatics. As for the formal agreement, Hurlbert said,” There has n’t been a huge rush because we are in the market, and everything has gone well”.
It’s uncommon, but not unheard of, for schools to sell clothing that includes both their own and a coach’s IP. These opportunities frequently result from a milestone, such as a win record or retirement. For instance, the school sold clothing showcasing his 40-plus year run when long-distance basketball coach Mike Krzyzewski retired in 2022. When football coach P. J. Fleck left Western Michigan for Minnesota, he reached a$ 50, 000 agreement with his former employer for rights to his” Row the Boat” catchphrase. The Minnesota bookstore now sells” Row the Boat” t- shirts and hoodies.
Sanders ‘ employment agreement, which runs through December 2027, anticipated the possibility that the coach and university would partner on co- branded merchandise. Specifically, the agreement states that Sanders “may not use the marks or intellectual property of the University, including without limitation its logos, slogans, trademarks, service marks, copyrights, trade dress, color scheme or other indicia without a specific, written licensing agreement between Coach and the University”.
According to the running tally being kept by intellectual property attorney Josh Gerben, Sanders ‘ Prime Time Enterprises currently has 38 pending trademark applications.
Sanders proved to be much more accomplished as a brand marketer than a coach in his first season at Colorado, in which the Buffaloes finished with a 4- 8 record despite a hot start. Sales of Blenders Eyewear’s” Prime 21″ sunglasses rose after Colorado State coach Jay Norvell publicly criticized Sanders for his incessant wearing of shades. The company’s CEO Chase Fisher told On3 that between 65, 000 and 75, 000 pairs had been pre- ordered prior to their scheduled release date on Sep. 20, which had been expedited to meet the demand.
In addition to the co- branding clause, Sanders’s contract contains an unusual provision, as Sportico previously reported, which allows him to avoid creating a paper trail of his athletically- related outside income, by instead providing a “verbal accounting” of those earnings to CU’s athletic director and chancellor.