The University recently sent a cease-and-desist letter to Smack Apparel—a clothing company that produces satirical college and professional sports clothing—for creating a T-shirt with the slogan, “Yo Grayson… Why You Trippin?”
The letter was sent by Susan Olive, an attorney at the Durham-based intellectual property law firm Olive and Olive, and was posted on TMZ April 1. It states that Grayson Allen does not consent to the use of his name on the t-shirt, and that Smack Apparel has been placed on “express notice” that the use of Allen’s image and name for commercial purposes is forbidden.
“The double meaning of 'Yo, Grayson…Why You Trippin?' is just funny,” Wayne Curtiss, owner of Smack Apparel, told The Chronicle.
He explained that his company focuses on harmless and well-publicized topics for its clothing and that he stays away from controversial situations like the Duke lacrosse scandal and the Penn State football child sex abuse scandal.
Curtiss—who first informed TMZ about the situation after receiving the cease-and-desist letter—replied to the letter, saying that the t-shirt’s message was covered under the First Amendment's right to free speech and that it clearly was not sponsored or endorsed by Allen.
He humorously offered to fly to the Durham area and poll 50 college basketball fans, asking them, “Do you believe this shirt is sponsored or endorsed by either Duke University or Grayson Allen?” Curtis said he would provide a 25 percent royalty for all sales if more than five say yes and requested to be reimbursed $2000 for his time and travel expenses if not.
Curtiss noted that he has produced similar t-shirts in the past—referencing one Smack Apparel produced in April 2015 when Jameis Winston, Florida State University quarterback at the time, stole crab legs from a grocery store. Curtiss said he received a similar letter from FSU, which did not result in any legal action.
Michael Schoenfeld, vice president for public affairs and government relations, explained that Duke issued the cease-and-desist letter to follow NCAA policy.
“This was not a dispute about intellectual property or satire—it is a simple matter of NCAA policy and student-athlete eligibility,” Schoenfeld wrote in an email. “Like other circumstances in the past, the letter sent to Smack Apparel was required by the NCAA, which prohibits the use of any student athlete's name or likeness to sell commercial products.”
Section 12.5.2.2 of the NCAA Division 1 Manual states that if a student athlete's name or image is used to promote a product without his or her knowledge or permission, the student-athlete or institution is required to take steps to stop the activity in order to retain eligibility.
If Duke did not send a legal notice, Allen could lose eligibility to play in intercollegiate athletics.
"Duke University did exactly what any institution should do under these circumstances, and that is to obey the rules and regulations of the NCAA," Schoenfeld wrote.
Curtiss said that he is not concerned about Duke pursuing the legal matter any further.
“Had I known it would get this much coverage, I probably wouldn’t have done it because I don’t want to embarrass anybody,” Curtiss said. “I’m a good person, I’m respectful of people—I just operate that way.”
Get The Chronicle straight to your inbox
Signup for our weekly newsletter. Cancel at any time.