JAMES MADISON UNIVERSITY FOUNDATION

POLICIES AND PROCEDURES

USE OF JMU TRADEMARKS, LOGOS, SEALS, INDICIA AND MASCOT

POLICY # F 101

APPROVED: January 27, 1999

POLICY:

 

Background:

The Board of Visitors of James Madison University has assigned all of its right, title, and interest in any trademark, logo, and insignia owned or acquired by the University to the James Madison University Foundation. To insure that the public properly identifies and associates JMU logos on products bearing the institution's marks, and to insure proper usage of these marks the JMU Foundation has established a licensing program. The Foundation has registered many of its marks, logos, nicknames, insignia and names with the Commonwealth of Virginia and is in the process of registration at the federal level. The Foundation administers the licensing program, maintains a list of University names, insignia and logos, approves and registers new marks and maintains a list of licensees authorized to manufacture and distribute goods bearing JMU names, logos, insignia, etc.

Goals:

The JMU Foundation maintains a licensing program to achieve the following goals:

To protect and control the use of the University name, nicknames, trademarks, service marks, seals, insignia, logos, mottoes and mascots.

To promote the image of the University to the public as well as to the University community.

To provide unrestricted revenues in support of University programs.

 

Definitions:

University names: James Madison, JMU, Madison and any other name that has university wide application.

 

Nicknames: These include but are not limited to: Dukes, JMU Dukes, James Madison Dukes, and Marching Royal Dukes.

 

Insignia: These include but are not limited to: The JMU seal, the Duke dog, singularly and astride the block JMU, the Wilson Hall cupola, the CISAT tower and the block JMU.

 

GUIDELINES TO ADMINISTER THE PROGRAM:

The Foundation has entered into a contractual agreement with Collegiate Licensing Company (CLC) to help administer the licensing program on a national basis. CLC acts as the Foundation's agent to pre-screen all manufacturers desiring to produce goods bearing University marks. The screening includes a review of the quality and appropriateness of the product, determining the financial strength of the proposed licensee and its reputation in the industry.

 

Other services provided by CLC include:

Assisting in special promotions
Providing licensing information to potential licensees
Executing the licensing agreement with licensees
Notifying retail outlets about the licensing program and recruiting their vendors
Finding potential licensees from other schools and markets
Contracting local retailers to get their support
Mailing lists of current licensees to retail buyers
Searching for infringes including a series of "Cease and Desist" letters, ending with filing suit if necessary
Insuring timely payments by licensees
Conducting on site audits when deemed appropriate
Developing a national image through representation of over 150 institutions.

 

ANY COMMERCIAL USE OF UNIVERSITY MARKS IN ANY MANNER WILL BE APPROVED AND GOVERNED BY THE LICENSING PROGRAM

 

Any products which carry an approved mark or logo of the University (or any deviation of James Madison University indicia which would create confusion in the minds of the consumer that the product was originated or sponsored by the University) will be covered by the licensing program. (see product list).

 

Inquiries from manufacturers seeking to become licensed should be referred to the JMU Foundation for initial screening. If deemed acceptable by the Foundation they will be referred to CLC to begin the licensing process.

 

Campus organizations seeking to use JMU marks for fundraising projects, club projects, fraternity/sorority endeavors, etc. must seek initial approval from the Assistant Vice President for Business Services and then submit the proposal to a licensed manufacturer or to the JMU Foundation.

 

It has been determined by the Foundation that the following products will NOT normally be licensed:

Alcoholic beverages
Bathroom articles (Toilet seats, toilet paper, etc.)
Sexually suggestive statements or articles
Statements infringing other schools
Sexist, racist, religious products and/or statements, and statements promoting the use of alcoholic beverages
Items of poor quality in relation to the proposed sale price
Any item which does not meet minimum standard of quality and good taste or which may have abnormal product liability possibilities (athletic equipment, food stuffs, products that due to content are unusually short-lived) as determined by the Foundation
Products bearing the name or likeness of or otherwise promoting a current University athlete

 

Royalties and Fees:

Royalties shall be 7.5 percent of the manufacturer's selling price on items licensed for retail sale. In promotions, a 10 percent royalty shall be charged on premiums. An additional rights fee may be charged depending upon the scope of the promotion and the amount of revenue projected from premiums used in the promotion. Certain promotions may be exempted from either royalties or rights fees based on other considerations received by the University through sponsorship or contributions.

Products provided for use as official athletic team uniforms will be exempt from royalties.  All other products manufactured for resale will require royalty payment.

Product List

Category	Product
1	Bags:	Back Packs Tote Beverage Carrying and Luggage Special Purpose
2	Bedroom Accessories:	Bedspreads Draperies Sheets Blankets/Comforters
3	Belt Buckles (with or without belt)
4	Blankets:	Stadium/Lap
5	Button:	Clothing Lapel (Enamel)
6	Wall Calendars
7	Car Accessories:	Emblems Horns License Plate Frames
8	Floor Coverings:	Carpet Rugs Mats
9	Christmas Accessories:	Tree Ornaments Decorations
10	Timepieces:	Clocks Watches
11	Toilet Goods:	Colognes Cosmetics
12	Electronic Devices:	Phones Radios Calculators Musical Devices Ceiling Fans
13	Furniture (Indoor & Outdoor):	Chairs Tables Lounges Beds
14	Headwear:	Caps/Hats Knitted Formed
15	Helmets:	Special Authorization
16	Illumination Devices:	Lamps Flashlights Candles Matches Lighters
17	Wall Hangings:	Picture Frames Mirrors Posters
18	Beverage Containers:	Glassware Pewter Mugs Ceramic Mugs Temperature Retainer          Vessels Insulator Covers
19	Pillows/Cushions
20	Plastic Containers:	Cups Glasses Bowls
21	Playing Cards
22	Precious Metals:	Charms Necklaces Bracelets Rings Earrings Tie Tacks Coins Jefferson Cups
23	Shoes
24	Shoe Laces
25	Soap (Assorted)
26	Stadium Seats
27	Stationery Products
28	Statuary and Artwork
29	Transfers/Decals
30	Sunglasses
32	Bathroom, Kitchen or Cooking Accessories	Towels Aprons Trivets
33	Toys, Games, Stuffed Animals
34	Umbrellas
35	Wallets and Purses
36	Wastebaskets/Metal Trays
37	Writing Instruments
38	Sewing Kits & Needlepoint
39	Wearing Apparel:	Fleece Items Athletic Jerseys Collared shirts Non-collared shirts Shorts Jackets Infant Sets Sleepwear Pants Ties
40	Rainwear
41	Knitwear	Gloves/Mittens Scarves Socks
42	Food Items
43	Novelty	Pennants Key Chains Miscellaneous

 

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