LOGO AND TRADEMARK LICENSING
Bloomsburg 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 "Bloomsburg University," "Bloomsburg," "BU," "Bloomsburg Huskies", "Bloomsburg University Huskies", along with the University seal, Institutional marks, or any derivations there from. ("BloomU" is not an acceptable identifier of the university.)
In order to meet the public demand for goods bearing Bloomsburg University marks, Bloomsburg 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. Bloomsburg University is represented in these licensing matters through an exclusive agency agreement with Strategic Marketing Affiliates, Inc. of Indianapolis, IN (SMA). The contact person at SMA is Brian Young (617 645-7041 or firstname.lastname@example.org). The administrative responsibility for the licensing program rests in the University Relations office and the point person is Tom McGuire. All artwork approvals for University marks must be approved by Tom McGuire.
The purpose of this Policy Statement is to provide guidance as to the permissible use, as well as restrictions on the use, of Bloomsburg 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 Bloomsburg University trademarks for any purpose must obtain permission to do so from Bloomsburg University. All commercial use of Bloomsburg's trademarks must be licensed and shall be regulated by the University Relations office of Bloomsburg University.
Use of Bloomsburg University's marks without license or permission is strictly prohibited. Bloomsburg University will take whatever measures necessary to protect its trademarks from infringement.
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.
Any manufacturer wishing to use Bloomsburg University's marks on its products must be properly licensed to do so. SMA is Bloomsburg's authorized agent for trademark licensing purposes. SMA is authorized to license manufacturers meeting Bloomsburg University's qualifications. Except for Promotional Licenses, Bloomsburg University 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.
PRIVATE USE OF THE MARKS
The use of the Bloomsburg University marks to promote a commercial entity is prohibited. Any use of the marks, which states an endorsement, or approval of a product, service, or company is prohibited.
USE OF THE MARKS
The use of the Bloomsburg University 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 Bloomsburg. This benefit may be tangible or intangible.
2. The use must be consistent with Bloomsburg'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. Bloomsburg University may require that such promotions operate under a promotional license.
A promotional license is a limited term contract between Bloomsburg University and a company, organization, or individual in which permission is granted to use Bloomsburg University marks in a commercial promotion. A fee may be charged for promotional licenses. Bloomsburg must approve all promotional material in advance.
USE OF MARKS IN NAMED EVENTS
When a Bloomsburg University team is an invited participant in an event where the event sponsor's name and/or logos are used to name the event, Bloomsburg 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 Bloomsburg University.
USE OF THE MARKS IN PENNSYLAVANIA STATE ATHLETIC CONFERENCE PROMOTIONS
When the Pennsylvania State Athletic Conference and its member schools agree to promote the Conference and its member schools through a commercial sponsorship, Bloomsburg University shall allow the use of its name and logos in conjunction with the PSAC logo, the member schools' logo and the sponsors' logo. Each such use must be specifically approved by Bloomsburg University.
Bloomsburg University 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 Bloomsburg.
Bloomsburg University will not approve the use of its marks on the following products:
Sexually oriented products or designs
Religious products or designs
Political products or designs
Games of chance
Appliques, patches, or heat transfers for retail sales
In addition Bloomsburg University 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. Bloomsburg will not approve products which to not meet minimum standards of quality and/or good taste or are judged to be dangerous and/or carry high product liability risks.
Bloomsburg University will not approve the use of its marks on any product or design, which in Bloomsburg'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
Bloomsburg University will approve products or designs incorporating only current marks. Marks which are obsolete or replaced by updated marks will continue to be protected by Bloomsburg University, but will not be approved for use in new
All licensed goods manufactured for sale to the public are subject to a royalty. The royalty rate is designated by Bloomsburg University and is subject to change by the University. The royalty is paid on wholesale sales by the manufacturer of the goods. SMA administers the royalty policy.
Bloomsburg University may grant exceptions from royalty payments in special cases and with regards to the samples above. Approval for this exception will need to come from the University Relations office in writing and be shared with SMA for administration.
Bloomsburg University may grant exceptions from royalty payments in the following cases:
* Goods purchased by BU for its internal use* Goods purchased by BU Student Organizations for bonafide fund raising purposes approved by the Office of University Relations * Goods purchased by the Alumni Association for internal use* Goods purchased by Faculty and Staff for internal use* Goods purchased for promotional use for prospective students, employees, or athletic events, and athletic camps.
All goods bearing Bloomsburg University marks must follow the normal approval process whether exempted from royalties or not.
DISBURSEMENT OF ROYALTY INCOME
Royalties generated by the licensing program shall be deposited into Bloomsburg University's scholarship fund. Further disbursement of these funds is at the discretion of the executive staff.
Bloomsburg University encourages creative uses of its marks in promoting school spirit. Bloomsburg 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, Bloomsburg will decide each matter on a case-by-case basis.