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 Commonwealth University's marks on its products must be properly licensed to do so. CLC is CU's authorized agent for trademark licensing purposes. CLC is authorized to license manufacturers meeting Commonwealth University's qualifications. Except for Promotional Licenses, Commonwealth 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.
Commonwealth University encourages creative uses of its marks in promoting school spirit. CU recognizes that its licensees 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, CU will decide each matter on a case-by-case basis. Alteration, in any way, of any of the Commonwealth University trademarked logos will not be permitted.
The use of the Commonwealth 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.
The use of the Commonwealth 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 CU. This benefit may be tangible or intangible.
2. The use must be consistent with CU'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. Commonwealth University may require that such promotions operate under a promotional license.
A promotional license is a limited-term contract between Commonwealth University and a company, organization, or individual in which permission is granted to use Commonwealth University marks in a commercial promotion. A fee may be charged for promotional licenses. Commonwealth University must approve all promotional material in advance.
When a Commonwealth University team (Bloomsburg, Lock Haven or Mansfield) is an invited participant in an event where the event sponsor's name and/or logos are used to name the event, CU 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 Commonwealth University.
Use of marks in Pennsylvania state athletic conference promotions
When the Pennsylvania State Athletic Conference or any other athletic conference and its member schools agree to promote the Conference and its member schools through a commercial sponsorship, Commonwealth University shall allow the use of Bloomsburg, Lock Haven, and Mansfield and associated logos in conjunction with the PSAC logo, the member schools' logo and the sponsors' logo. Each such use must be specifically approved by Commonwealth University.
Commonwealth University shall approve each use of its marks on a per product, per design basis. Licensees must submit each product or design to CLC for approval by CU.
Commonwealth University will not approve the use of its marks on the following products:
- Controlled Substances
- 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 Commonwealth 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. CU 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.
Commonwealth University will not approve the use of its marks on any product or design, which in CU'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
Commonwealth 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 Commonwealth University, but will not be approved for use in new products or designs.
All licensed goods manufactured for sale to the public are subject to a royalty. The royalty rate is designated by Commonwealth University and is subject to change by the University. The royalty is paid on wholesale sales by the manufacturer of the goods. CLC administers the royalty policy.
Commonwealth 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 Marketing and Communications office in writing and be shared with CLC for administration.
Commonwealth University may grant exceptions from royalty payments in the following cases:
- Goods purchased by CU for its internal use
- Goods purchased by CU Student Organizations for bonafide fundraising purposes approved by the Office of Marketing and Communications
- 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 Commonwealth 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 support student scholarship. Royalty income generated by campus-specific goods will be earmarked for disbursement supporting students at the respective campus. Further disbursement of these funds is at the discretion of the executive staff.