A graphic designer claims the Colorado coach breached trademark agreements and used a "work-for-hire" contract to profit from multi-million dollar branding deals with Nike and Blenders.
Colorado Buffaloes coach Deion Sanders has been sued by a graphic design artist in U.S. District Court in Nebraska over the distribution and use of the famous "PRIME21" and "TRUTH" logos.
According to court documents, Sanders worked with Omaha-based designer Alan Tipp, who created the brand trademarks used in association with several well-known companies such as Nike, Abu Garcia and Blenders. The original agreement between both parties explicitly stated Sanders would use the "PRIME 21" and "TRUTH" branding for non-commercial purposes back in 2011. Tipp would also retain ownership rights to the original designs.
Three days after Sanders was hired at Colorado in December 2022, his representatives from SMAC Entertainment, including Sanders' current business manager, Sam Morini, presented Tipp with a "work-for-hire" agreement. The document stated "Tipp would relinquish all past, present, and future rights" he held to his work, according to the court filing.
"The proposed Agreement included an effective date of August 1, 2011. Morini, as an agent and representative of SMAC and Sanders, made the following material representations in order to induce Tipp into signing the agreement: (1) that Tipp would be an integral part of the Sanders’ marketing and branding team; (2) that Tipp would be able to educate the student-athletes of University of Colorado at Boulder’s football program on how to grow, protect, and market their own brands and work with their athletic and merchandising departments on their integration of the Sanders’ brand; (3) that Tipp would work with Nike in the design and development of Sanders’ branded apparel and footwear; and (4) that Tipp would be retained to design, brand, and develop a marketing plan for a line of sunglasses made exclusively for Sanders utilizing the Works."
Tipp signed the conditional agreement before he alleges that Sanders and SMAC Entertainment failed to honor the terms of the deal and was never paid for his work.
"On April 5, 2023, SMAC contacted Mr. Tipp and informed him, without any prior notice, that his services were no longer needed in the development of any sunglasses," according to court documents. "In September 2023, the defendants and Blenders released an exclusive line of sunglasses bearing the Works. The sunglasses were reportedly an immediate success, selling out almost instantly and netting nearly $5,000,000.00 in the first three days of sales."
After cutting out Tipp and signing a deal with Blenders, Sanders and SMAC "attempted to further capitalize" on the branding by registering them with the United States Patent and Trademark Office. Two were abandoned, another two are pending registration, and the "PRIME21" mark was registered. All have been used widely for such items as sunglasses, footwear, clothing, and a variety of other retail and consumer goods.
The "PRIME21" branding has been reproduced in several forms with products being sold at major retail stores. Here's a list presented by Tipp and his attorneys in the initial filing.
-Clothing, footwear, and accessories produced, sold, and distributed by Nike, Under Armour, Dick’s, Scheels, Fanatics, TwentyDollarTies.com, and the University of Colorado Boulder
-The reproduction of razors for Gillette, sunglasses for Blenders, motor vehicles affiliated with Jeep and Lamborghini, athletic and gym equipment, basketball courts, jewelry, hats; and in association with the
-Defendants’ partnerships and affiliations with Aflac, Nike, Amazon, Boost Mobile, Motorola, Blenders, Wear by Erin Andrews, Abu Garcia, and the University of Colorado Boulder.
Tipp claims the agreement between him and SMAC on behalf of Sanders in 2022 was produced under fraudulent pretenses.
"Each of these statements were false at the time they were made and Morini, SMAC, and Sanders knew them to be false statements of fact, the purpose of which was to induce Tipp to sign the Agreement," according to the filing.
Tipp's attorneys are also asking the court to obtain financial statements on how much Sanders and his reps profited from use of the "PRIME21" branding.
"At present, Tipp is unable to ascertain the full scope and extent of the monetary damages he has sustained by reason of the defendants' unlawful acts," according to the filing. "Accordingly, Tipp will require a full accounting from Defendants of all monies generated from their unlawful conduct."
Tipp is seeking damages in excess of $75,000 in the lawsuit. He also wants the agreement to be declared void and any trademark registrations by Sanders and SMAC entertainment terminated.
Representatives for Sanders and the University of Colorado are aware of the lawsuit, but declined to comment. Tipp's attorneys also had no comment on the matter.
Colorado opens the 2026 season at Georgia Tech on Thursday, Sept. 3 (8 p.m. ET, ESPN).
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