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LOGO AND TRADEMARK LICENSING ADMINISTRATIVE POLICY STATEMENT - 5F3

INTRODUCTION

The Board of Trustees of Southern Illinois University owns and controls the use of its name(s) and other marks, logos, insignias, seal, designs, or symbols that are associated with the University. These include, but are not limited to, the words "Southern Illinois University Edwardsville", "SIUE", "Southern Illinois University Edwardsville Cougars", the University seal, "mascot" or any derivations there from.

In order to meet the public demand for goods bearing SIUE marks, Southern Illinois University Edwardsville allows manufacturers of these goods to acquire a non-exclusive or in some cases an exclusive, royalty-bearing license to produce, market, and sell such goods. SIUE is represented in these licensing matters through an exclusive agency agreement with Strategic Marketing Affiliates, Inc. of Indianapolis, IN (SMA). The administrative responsibility for the licensing program rests with the Assistant Vice Chancellor for University Relations, Marketing and Communications.

The purpose of this Policy Statement is to provide guidance as to the permissible use, as well as restrictions on the use, of SIUE protected marks. This Policy Statement also sets forth the responsibility for granting permissions and licenses for such use.

Any individual, organization, or company wishing to use SIUE's trademarks for any purpose must obtain permission to do so from Southern Illinois University Edwardsville. All commercial use of SIUE's trademarks must be licensed and shall be regulated by the Marketing and Communications Department at Southern Illinois University Edwardsville.

Use of SIUE's marks without license or permission is strictly prohibited. Southern Illinois University Edwardsville reserves all rights to enforce and protect its trademarks from infringement.

DEFINITIONS

Trademark means a name or symbol or combination of both which identifies the source of a product or service. In the case of licensed goods, a trademark indicates affiliation or sponsor rather than producer. In practice, a trademark also enhances the desirability of a product and, when properly controlled, can increase the value of the product as well as the goodwill inherent in the mark.

For the purposes of this document, "trademark" is used to indicate any or all of the following: trademark, trade name, service mark, logo, insignia, indicia, emblem, symbol, identifying mark, mark, and name.

Infringement means unauthorized use of a trademark that belongs to another, or use of a trademark so similar to that of another as to cause confusion in the minds of the public as to the source (affiliation or sponsorship) of the product or service.

Licensing Agent means one who acts on behalf of another on issues related to the manufacture, distribution, and sales of goods bearing protected marks.

Licensor means one who contracts to allow another (licensee) to use licensor's property (trademark) in exchange for payment, usually royalty as a percent of sales.

Authentic means the article is identical to what players and coaches wear during games or practices.

Replica means the article looks identical to what players and coaches wear but may vary as to material, quality, or manufacturer. Replicas are not the same as authentic.

LICENSING REQUIREMENTS

Any manufacturer wishing to use SIUE's marks on its products must be properly licensed to do so. SMA is SIUE's authorized agent for trademark licensing purposes. SMA is authorized to license manufacturers meeting SIUE's qualifications. Except for Promotional Licenses, Southern Illinois University Edwardsville will not issue licenses directly.

Distributing, brokering, or retailing of licensed goods does not require a license, nor will licenses be issued for such purposes.

USE OF THE MARKS

The use of the Southern Illinois University Edwardsville name, trademarks or logos in conjunction with a commercial promotion may be permissible if the following criteria are met:

  1. The promotion must be beneficial to SIUE. This benefit may be tangible or intangible.

  2. The use must be consistent with SIUE's institutional mission, values, and standards of excellence.

  3. The use must be consistent with all other provisions of this logo and trademark licensing policy.

Requests for such use shall be reviewed at an appropriate level within the University to assure that these criteria are met. Each request will be specifically approved in writing. SIUE may require that such promotions operate under a promotional license.

PRIVATE USE OF THE MARKS

The use of the Southern Illinois University Edwardsville marks to promote a commercial entity is prohibited unless the commercial entity has a promotional license. Any use of the marks which states or implies an endorsement, or approval of a product, service, or company is prohibited unless the commercial entity has a promotional license.

PROMOTIONAL LICENSE

A promotional license is a limited term contract between SIUE and an entity or individual granted permission to use Southern Illinois University Edwardsville marks in a commercial promotion. A fee may be charged for promotional licenses. All promotional material must be approved in advance by Southern Illinois University Edwardsville.

USE OF MARKS IN NAMED EVENTS

When a Southern Illinois University Edwardsville team is invited to participate in an event where the event sponsor's name and/or logos are used to name the event, SIUE allows the use of its marks in conjunction with the sponsor/event names and logos to promote the event. Each such use must be specifically approved by Southern Illinois University Edwardsville.

USE OF THE MARKS IN ATHLETICS CONFERENCE PROMOTIONS

When an athletics conference and its member schools agree to promote the athletics conference and its member schools through a commercial sponsorship, SIUE shall allow the use of its name and logos in conjunction with the athletics conference logo, the member schools' logo and the sponsors' logo. Each such use must be specifically approved by Southern Illinois University Edwardsville.

PRODUCT/DESIGN APPROVAL

Southern Illinois University Edwardsville reserves the right, in its sole discretion, to approve or not approve the use of its marks on any product. Southern Illinois University Edwardsville shall approve each use of its marks on a per-product, per-design basis. Licensees must submit each product or design to SMA for approval by SIUE.

Southern Illinois University Edwardsville will not approve the use of its marks on the following products:

Alcohol
Tobacco
Controlled Substances
Sexually oriented products or designs
Religious products or designs
Political products or designs
Games of chance
Appliqu├ęs, patches, or heat transfers for retail sales

In addition SIUE will not approve the use of its name or marks in text or graphics which are judged to be sexually suggestive, denigrate any groups, including another college or university, or infringe on the rights of other trademark owners. SIUE will not approve products which do not meet minimum standards of quality and/or good taste or are judged to be dangerous and/or carry high product liability risks.

SIUE will not approve the use of its marks on any product or design which in SIUE's sole judgment may violate NCAA rules. This applies to product designs incorporating:

Jersey numbers, except on authentic or replica merchandise
Photos or any other likeness of a student athlete
Names of student athletes
Nicknames of student athletes

Southern Illinois University Edwardsville will approve products or designs incorporating only current marks. Marks which are obsolete or replaced by updated marks will continue to be protected by SIUE but will not be approved for use in new products or designs.

ROYALTIES

All manufactured goods bearing the marks of Southern Illinois University Edwardsville and made available for distribution to the public through sales or otherwise are subject to a royalty. The royalty rate is designated by SIUE and is subject to change by Southern Illinois University Edwardsville. The royalty is paid on wholesale sales by the manufacturer of the goods. The royalty policy is administered by SMA.

The following internal uses of the marks of Southern Illinois University Edwardsville by SIUE are the only uses of the marks exempt from payment of the royalty:

  1. Goods purchased for internal use by the Department of Intercollegiate Athletics and team uniforms for club sports.
  2. Goods purchased for internal use by SIUE for approved operational purposes such as employee uniforms, laboratory jackets, etc. A royalty exempt use of a mark for "operational purposes" requires approval by the appropriate unit's vice chancellor and by the vice chancellor for university relations, or by their designated representatives. The royalty exemption for internal operational purposes applies only to the following registered marks:

    Traditional Southern Illinois University Edwardsville Wordmark and Newer SIUE word mark.

For purposes of merchandise exempt from the royalty payment, vendors producing such items are required to obtain a restricted license through SMA and obtain all necessary approvals prior to manufacture.

WORDMARK AND LOGO REQUIREMENTS

The Wordmark and Logo Requirements are available online on the Marketing and Communications web site.

JUDGING ACCEPTABILITY

SIUE encourages creative uses of its marks in promoting school spirit. SIUE recognizes that its licensee's are creative in this regard and that some concepts or designs developed by licensees may not clearly fall within the guidelines of this Administrative Policy Statement. When this occurs, SIUE will be the sole judge of acceptability.

DISTRIBUTION OF FUNDS

Distribution of funds will be at the Chancellor's discretion and may reflect this distribution:

  • 35% University Relations.
  • 65% Athletics.

Approved by President effective December 14, 2012
This policy was issued on December 14, 2012, replacing the November 13, 2008 version.
Document Reference: 5F3
Origin: OP 4/17/08; OP 12/14/12

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