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Cashing In On No. 15's Success

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By ANDY STAPLES, The Tampa Tribune

Published: October 24, 2007

Updated: 10/23/2007 11:35 pm

GAINESVILLE - When Wayne Curtiss dreamed up a T-shirt earlier this year that advertised the inevitability of a Heisman Trophy for University of Florida quarterback Tim Tebow, the owner of Tampa-based Smack Apparel assumed sales wouldn't take off until Tebow became an actual Heisman candidate later in his career.

But now that Tebow, the rock-jawed sophomore who wears No. 15, has emerged as a legitimate candidate, the orders for the 'He15man' T-shirt have kept coming. Curtiss estimates the shirt has sold in the 'low thousands,' but he anticipates more sales as Tebow's Heisman hype increases.

As Tebow's popularity has soared, so has the demand for Tebow-related merchandise. But there's a catch. The NCAA forbids schools from using the name or likeness of an individual athlete on licensed products, so the only product UF authorizes that Tebow fans might want is a No. 15 replica jersey with no name on the back. To fill the void, entrepreneurs have created myriad Tebow products, including T-shirts, drink coozies, bumper stickers and even a limited-edition watercolor painting of the quarterback that sells for $199.

But while UF and others can cash in on his success, Tebow can't make a penny off his name or likeness because of NCAA amateurism rules. Monday, Tebow said he isn't concerned if anyone else does.

'It doesn't bother me much at all,' Tebow said. 'For the most part, I think it's pretty funny. I just laugh and move on.'

Still, some of those entrepreneurs have drawn the ire of Florida's athletic department and of the Collegiate Licensing Company, the Atlanta-based consortium that protects the trademarks of most of the nation's biggest college athletic departments.

Curtiss, who has tangled with CLC in federal court, said he isn't worried about 'He15man.' The blue-and-orange shirt doesn't mention UF, Gators, Tebow or the Heisman by name.

Debbie Gay, the licensing manager for UF's athletic department, said she has 'a lot of eyes out there' watching for products that infringe on UF's trademarks. If she finds a product that does, she or CLC typically sends a cease-and-desist notice. If the product doesn't infringe on a trademark but does mention a UF athlete, the cease-and-desist letter will come from Florida's NCAA compliance department.

'Sometimes,' Gay said, 'we tag-team them.'

UF Profits Off No. 15 Jersey

Andy Parramore, a 56-year-old seller of surplus equipment in Marianna, received a cease-and-desist letter from UF and a phone call and e-mails from CLC last year because he was selling Tebow-related T-shirts and coozies on his Web site, GoTebow.com. Parramore, who sells a $30 T-shirt that proclaims 'Superman Wears Tebow Pajamas,' said in a telephone interview Tuesday that he didn't respond.

Parramore said he interpreted CLC's correspondence as a request that he pay a licensing fee. He wouldn't pay one, he said, because he worried that if he paid a fee to sell merchandise bearing Tebow's name and the money went to Florida's athletic department, Florida or Tebow could wind up in violation of the NCAA rule against using an athlete's name.

'I'm a Gator fan,' said Parramore, who said his daughter was not allowed to sell the Tebow T-shirts in the vendor area at a speech given by Gators coach Urban Meyer in Tallahassee in April, though others were allowed to sell autographed pictures of current players.

Jim Aronowitz, an in-house attorney for CLC, said his company typically asks for compensation only after 'significant sales' of infringing merchandise.

'We always look,' Aronowitz said, 'to resolve the infringement first.'

Of course, some critics of the system contend, one entity can legally profit off Tebow without giving Tebow his fair share: UF's athletic department. Though Gay said she won't have hard data until early next month, a look around Florida Field on game day proves the No. 15 replica jersey is a hot seller at $75 (sewn-on numbers) and $60 (screen-print numbers).

Mike Spiegler, UF's associate athletic director for auxiliary services, said Meyer approved several jersey numbers for sale (Reggie Nelson's No. 1, Andre Caldwell's No. 5, Jemalle Cornelius' No. 6, Tebow's No. 15, Earl Everett's No. 30 and Ray McDonald's No. 95) to commemorate last season's national title. Spiegler said the Gator Sport Shop at Florida Field sells all the jersey numbers, but outside stores could order any or all of the numbers.

'You probably ordered No. 15,' Spiegler said.

Curtiss finds that interesting.

'It's funny. They can put Tebow's number on a jersey, and they're not infringing,' Curtiss said. 'They just can't put his name on it. But everybody knows whose number that is.'

Controversial NCAA Proposal

Spiegler said Nike will stop producing the No. 15 jerseys after this year. He said unless something changes, the only jerseys UF plans to offer next year are Nos. 1, 6 and 96.

By that time, the NCAA may allow Florida to license Tebow's - or any other athlete's - likeness to corporate sponsors. An NCAA panel will vote in January on a controversial proposal that would allow athletic department sponsors to use athletes' names and likenesses in ads.

Marc Isenberg, the author of the upcoming book 'Money Players: A Pro Athlete's Guide to Success in Sports, Business and Life,' called the proposal a 'slippery slope.' He argues that schools may profit from an athlete long after that player has broken free of NCAA amateurism rules and gained the right to profit from his name and accomplishments.

'They're able to freeze their amateurism in perpetuity,' Isenberg said.

Jon Vines, a longtime friend of the Tebow family, has taken one step to protect Tebow's name and image. In 2004, Vines bought the domain name timtebow.com, which he plans to give to Tebow after Tebow leaves Florida. Meanwhile, the undisclosed owner of timtebow15.com is attempting to auction off the name. The seller is asking at least $10,000, but, according to godaddy.com, no one has submitted a bid.

Meanwhile, Melbourne resident Brett Black began selling 'Tebow 4 He15man' T-shirts last week on his Web site, tebow4he15man.com. Black, who pitched in the Philadelphia Phillies organization from 1997-2001, said he isn't producing the $12 T-shirts for profit. All proceeds, he said, would pay the cost of the Web site. Black said he has a loftier goal.

'I'm not here to make money off Tim Tebow,' Black said. 'I just want to see him win the Heisman.'

Reporter Andy Staples can be reached at (352) 262-3719 or astaples@tampatrib.com.

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