Friday, September 21, 2012

Oklahoma answers the Longhorn Network


            Changes in conference membership are based on many issues.  Better competition or increased enrollment and changes in NCAA divisions are usually the main reasons.  In today’s media market, a quiet deal between ESPN and the University of Texas created a separate media deal and TV rights contract enjoyed exclusively by the University of Texas.  This created issue with many programs in the conference mainly because Texas still receives a share of overall Big XII TV revenue and this new network would be viewed as an unfair advantage in recruiting.  Missouri University and Texas A&M University both left the Big XII in 2011 as a result of the conference office not really stepping in to oppose the deal.   The University of Oklahoma, on the other hand, has decided to create its own network as well.
            The Longhorn network almost destroyed the Big XII.  Even when Colorado and Nebraska departed before 2010, it was mainly due to revenue sharing from TV contracts.  Texas appeared to be the favorite child of the conference and revenues were unfairly split.  The creation of the Longhorn Network did not help in this perception since revenue goes to Texas exclusively.  In the creation of the Sooner Sports programming deal, it will not be a 24 hour network.  It instead will broadcast home games for men’s and women’s basketball and other sports.  Oklahoma already has a contract to broadcast football games with Fox, but this new programming deal includes coaching shows, pre- and post- football game shows, and can give the sooners over 1,000 hours of programming each year of the contract.  Because it is a programming deal, it can air on existing FOX channels instead of seeking its own carriers.  This is the problem with the Longhorn Network.  It could only get a contract with AT&T U-verse instead of  a provider like Cox Cable or Comcast.  Revenue terms were not disclosed. 

Tuesday, September 18, 2012

Big East TV contract lessons learned


No matter what their actual record may be, the perception of the Big East is that it is a weak conference in football.  Most TV contracts with a conference revolve around upon how well they do on the football field, but in this instance, it is the national perception.  The Big East has been hand picked by the ACC over the past few seasons, in spite of an overall winning record against the ACC.  Syracuse, Miami, Pitt, Boston College, Virginia Tech and now even Notre Dame have defected from the Big East in favor of tougher competition in all sports, but mainly football.  When negotiating a contract, you have to know your worth and the Big East rejected a 1.4 million dollar contract with ESPN, which led to the more recent defections of Pitt, West Virginia, Syracuse and even TCU.  TCU signed to join the Big East, but within a few months signed as part of the Big 12.  Now the conference has expanded as far west as Boise St and San Diego State, and as far south as Houston and Central Florida.  However, adding these teams may actually hurt chances to gain money from the previous deal with ESPN.  Its strength is in basketball, but that does not have as much TV revenue as football, and a smaller deal with more schools means less money per school.  The current contract expires in June 2013, but the Big East is hoping that expansion into San Diego and Houston TV markets will help them broker a better deal.   The league will have teams in 13 of the top 50 TV markets, so expanding to include those teams may have been a move for TV more than for competition.  What the Big East may need to consider is tapping into the needs of other networks.  FOX and NBC are expanding their sports’ coverage and seem willing to give the Big East a good deal.  ESPN deals are contingent on the quality of the product, but a deal with NBC or FOX may just rely on whether or not the product exists.  The Big East may need to forget about trying to swoon ESPN, though it includes ABC, and go for a new network. 



Tuesday, September 4, 2012

What's in a trademark? Texas A&M


One of the most notable issues of collegiate intellectual property violations occurred in a case between the Seattle Seahawks NFL franchise and Texas A&M University.  For years, dating back to the 1920s, Texas A&M has used the 12th man to identify a student athlete who was called from the stands to participate in an important game.  Though the student dressed for the game, he did not play, but the dedication of the student to the success of the team became synonymous with the commitment of the fans to the Texas A&M program.  In American football, only 11 men per team participate per play.  In its current form, the 12th man symbolizes how intimidating Texas A&M home crowds are to visiting teams.   The 12th man moniker is a registered trademark of Texas A&M. 

The Seattle Seahawks fan base used the name beginning in the 1980s to signify how loud crowds were at the Kingdome, making it one of the most intimidating stadiums in the NFL.  The franchise also retired the number 12 jersey and the number 12 is used city-wide in this representation.  Seattle does not officially adopt the 12th man name, but claims it is mainly used by its fan base and they are not liable. 

Texas A&M had issues with other entities using the 12th man, but once those entities were informed of the trademark registration, they ceased usage.  Seattle and Texas A&M eventually settled out of court, and because Seattle still uses the term, they may be paying Texas A&M for permission.  Now it seems as though the Denver Broncos may be getting a lawsuit from Texas A&M as well. 

The reason this case is interesting is because most fan use the 12th man to describe their own support.  If the phrase was not trademarked, it would be a non issue until someone did trademark it.  Texas A&M cannot sue individuals for saying it, but once t-shirts are printed or other merchandise used to promote a team under that phrase, this is where it violates the trademark.  This will continue to be an issue until the protection expires in 2020. 

12th Man segment on ESPN College Gameday
http://www.youtube.com/watch?v=oLQiSrXUmhE

College Confidential: Aggies prepared to defend trademark infringement in use of phrase “12th Man”- Jimmy Burch
http://sportsblogs.star-telegram.com/colleges/2012/01/aggies-prepared-to-defend-trademark-infringement-in-use-of-phrase-12th-man-.html

Texas A&M unhappy Seattle fans called ‘12th man’ by the Associated Press http://sports.espn.go.com/nfl/playoffs05/news/story?id=2309668

Who can and cannot use “the 12th Man” according to Texas A&M- Best Damn Sports blog by a Girl Period
http://bestdamnsportsblogbyagirlperiod.wordpress.com/2012/01/10/who-can-and-cannot-use-12th-man-according-to-texas-am/