NCAA Bylaw 126.96.36.199 “Use of a Student-Athlete’s Name or Picture Without Knowledge or Permission”
If a student-athlete’s name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters, photographs) or is used to promote a commercial product sold by an individual or agency without the student-athlete’s knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics.
CLEMSON — A Daniel Island restaurant still has an item on its menu named for Tajh Boyd, despite Clemson’s compliance department insisting earlier this week the entree lose its relation to the star quarterback.
On Wednesday, a fan tweeted a photo of the menu at Daniel Island Grille, clearly displaying an item called “Tajh Boyd Chicken Quesadillas” priced at $8.99. The photo made its way from social media to a Sporting News blog post.
Bylaw 188.8.131.52 of the NCAA rulebook prohibits the use of student-athletes’ names or pictures without knowledge or permission.
As of Saturday night, the reigning ACC Player of the Year’s name is still attached to a Mexican dish on the menu distributed to customers.
He’s not the only active collegian on there. Also available for purchase is “Clowney’s Turkey Avocado Wrap,” also $8.99, along with the “Sammy Watkins Reuben,” branded as a new item for $9.99.
South Carolina defensive end Jadeveon Clowney and Clemson wide receiver Sammy Watkins are both juniors with All-America accolades.
In a phone conversation Saturday with The Post and Courier, a shift manager indicated the establishment had not been contacted by Clemson’s compliance department three days after the Boyd photo hit social media.
However, Clemson sports information director Tim Bourret told The Post and Courier the football compliance department was made aware on Tuesday of Boyd’s likeness on the menu without his or the university’s consent.
A member of the compliance staff spoke with a restaurant owner, who said the item would be removed from the menu, and Clemson followed up with the usual protocol of an official cease-and-desist letter.
Daniel Island Grille’s owner, Brian Mahoney, was not in the restaurant Saturday evening. Messages left seeking comment were not returned.
On Sunday morning, South Carolina sports information director Steve Fink said in an e-mail: “We were unaware that Jadeveon’s name was being used in this manner. We will follow up and take the appropriate actions necessary.”
Clemson released the following statement to The Post and Courier on Aug. 7: “The Clemson Athletic Department works hand and hand with CLC and the University General Counsel to stop any unauthorized use of our student’s name or likeness.”
Following the Tigers’ scrimmage Saturday, on the subject of not financially controlling his own likeness per NCAA rules, Boyd said, “Those things, at the end of the day, it is what it is. We play college football for a reason: so we can get an education and we can get paid at some point or another after we get out of college. You’ll get it in due time. But right now, I don’t really have any say-so in that.”
Clowney was already the subject of an internal investigation last month regarding sale items on eBay with his signature on it, but USC cleared him of violations.
This story was updated Sunday morning with South Carolina’s statement.
staff photo On the Daniel Island Grille menu you can order the "sammy watkins reuben" for $9.99×
staff photo On the Daniel Island Grille menu you can order the "tajh boyd chicken quesadillas" for $8.99×
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