Licensing and Trademark Policy
VPCM-LT-01
About This Policy
- Effective Date:
- 01-01-1990
- Date of Last Review/Update:
- 06-17-2024
- Responsible University Office:
- Office of Licensing and Trademarks
- Responsible University Administrator:
Vice President and Chief Communications and Marketing Officer
- Policy Contact:
Director of Licensing and Trademarks
- Policy Feedback:
- If you have comments or questions about this policy, let us know with the policy feedback form.
Scope
Any entity using Indiana University trademarks or depictions of campus buildings or landmarks.
Policy Statement
A. Summary
Indiana University (IU) owns and controls its names, marks, logos, colors, insignias, seal, designs, depictions of campus buildings and landmarks, and symbols that have become commonly associated with the university or any of its campuses. These include, but are not limited to: "IU", IU Indianapolis, the Trident, athletic teams’ names, “Hoosiers,” the university seal, the university coat of arms, the slogans "Go Big Red", "Show Your Stripes" and "Cream & Crimson", the Candy Stripes, the IU Plaid design, the name, “Indiana University” and the abbreviated “Indiana”. A complete list of IU trademarks can be found on licensing.iu.edu.
The Indiana University Office of Licensing and Trademarks exists to promote and protect the university’s name, trademarks and depictions of landmarks. The Office of Licensing and Trademarks serves Indiana University by: (1) educating university constituencies to provide consistent representation and use of university marks; (2) stimulating public awareness and support; (3) ensuring that each licensed use is of good quality and upholds the integrity of the university; and (4) augmenting financial contributions to the university’s academic and athletic programs.
B. Guidelines for Use of Trademarks
Indiana University trademarks may not be modified in anyway or incorporated into the name or mark of another.
Indiana University trademarks may not be used in conjunction with the name or trademark of any other entity without the prior written permission of IU and that entity. If permission is granted by the Office of Licensing and Trademarks to use both the Indiana University trademarks and another party’s trademark in a design, the trademarks must be separate and distinct from each other, and Indiana University’s trademark must not be overshadowed or diminished in comparison to the other entity’s trademark. Approval of any such dual use of Indiana University’s trademarks will be limited to instances where there is a compelling institutional priority in allowing such usage.
Indiana University trademarks may not be used in any manner that suggests or implies Indiana University’s endorsement of another organization, company, product, service, political party or view, or religious belief or view.
Indiana University’s trademarks may not be used in any way that discriminates or implies discrimination against any person, organization, company, or group based on age, ancestry, belief, color, creed, disability, national origin, race, religion, sex, sexual orientation, veteran status, or in any other way that would be in violation of Indiana University’s anti-discrimination policies or practices.
No one other than Indiana University may claim copyright or trademark rights to university trademarks or seek to register any design that incorporates university trademarks.
All uses of Indiana University’s trademarks on commercial products shall incorporate the appropriate trademark designation symbols, i.e., all designs using Indiana University trademarks shall include ® unless the trademark is being used on goods or services that fall outside the international classes listed on the trademark's registration, in which case, the ™ symbol shall be used instead. Trademarks that have not been registered shall include the ™ symbol. Questions regarding the use of the appropriate trademark designation symbol shall be directed to iulogo@iu.edu.
Indiana University will not approve the use of its trademarks in conjunction with certain types of products. These include, but are not limited to:
- Tobacco and nicotine related products
- Controlled substances and illegal drugs
- Weapons, firearms, explosives, and fuels
- Sexually suggestive products
- Products that are or depict hateful, demeaning, or degrading language or statements
- Products that use profanity
- Gambling-related products
- Patches for sale
- Products that contain statements impugning other universities
- Products that present an unacceptable risk of liability
- Products that are harmful to the mission or integrity of the institution
- Products that contain another entity’s registered trademark, unless explicit written permission has been obtained from that entity and Indiana University
Commercial Solicitations that relate to the promotion or consumption of tobacco or products and services that are contrary to the policies or mission of the University, are prohibited.
All uses of university trademarks in connection with alcohol products require authorization from the Alcohol Sponsorship Review Committee. Use of university trademarks in connection with alcohol products, services, and sponsorships must not target, promote, or condone under-age consumption or over-consumption of alcohol, and must feature a responsible drinking message.
Any and all uses of the names, numbers, images, and/or likeness of Indiana University student-athletes must comply with Indiana University NIL policies and applicable NCAA or NAIA regulations.
University trademarks cannot be used to advertise or promote an external commercial entity's goods or services without prior university approval. University trademarks cannot be incorporated into non-IU commercial telephone numbers, internet addresses or domain names, and social media channels without prior university approval.
In instances where there is uncertainty regarding the appropriate use of any Indiana University trademarks, the Director of Licensing and Trademarks, along with the Associate Vice President of Corporate Sponsorships, Licensing and Trademarks, the Vice President and Chief Communications and Marketing Officer, and the Office of the Vice President and General Counsel, will determine the best course of action.
C. Licensing Requirements
A license is required for any individual, organization, or company wishing to use Indiana University’s names, marks, logos, colors, insignias, seal, designs, depictions of campus buildings or landmarks, and symbols that have become commonly associated with the university or any of its campuses. These include, but are not limited to: "IU", IU Indianapolis, Trident, athletic teams' names, "Hoosiers," the University seal, the University coat of arms, the slogans "Go Big Red", "Show Your Stripes", and "Cream & Crimson", the Candy Stripes, the IU Plaid design, the name "Indiana University", and the abbreviated name "Indiana". A complete list can be found on licensing.iu.edu.
A license is required for:
- Items sold commercially;
- Items given away as premium or promotional items;
- Marks displayed on uniforms or athletic team gear;
- Any commercial use of university marks, images, and likenesses on social media, or in film products, i.e. commercials, television shows, movies, videos or documentaries, with each use reviewed and approved by Indiana University.
The IU Office of Licensing and Trademarks, the Office of the Vice President and General Counsel, the Office of University Communications and Marketing, and the Office of Insurance, Loss Control & Claims shall review all requests to film on an Indiana University campus and; and if authorized, a Production Agreement containing a limited trademark license shall be issued.
A license is not required for retailers who advertise the sale of licensed products. Retailer use of marks in this instance shall be limited to images of the licensed products. Such advertisements, however, shall not imply any relationship with the university other than that of licensor/licensee/retailer and all products sold must include the Collegiate Licensed Product label which identifies officially licensed goods.
All licensed goods must be purchased from a licensed vendor of Indiana University.
All licensees must adhere to the Office of Licensing and Trademarks Code of Conduct and product liability insurance requirements.
Permission is required for any individual, organization or company wishing to use Indiana University’s name, trademarks, and/or depictions of campus buildings or landmarks in a non-commercial manner.
D. Media Use
News media are not required to obtain a license when using current University trademarks to convey informational messages.
E. Student Organizations
Student organizations are defined by Indiana University’s Student Organizations policy (STU-01). Under the policy, University Student Organizations (USOs), are treated as operating units of Indiana University, and as such must comply with all University policies and procedures, including this policy.
Self-Governed Student Organizations (SGSOs), are governed by both the Student Organizations policy and terms and conditions of the agreement between the SGSO and the university. The SGSO is not permitted to use Indiana University’s trademarks, symbols, logos, mottoes, or depictions of campus buildings and landmarks, but may use approved IU student organization branding elements. All goods and services, including those used as a fundraiser, or promotional products bearing University trademarks, including the IU-approved student organization branding elements, must be produced by a University licensee and submitted to the Office of Licensing and Trademarks for review and approval.
SGSOs may only indicate an association with IU or with any specific IU unit, in a locational sense (i.e. “Club at Indiana University”). "The Indiana University Club" or any similar use of other University marks (e.g., “IU Club” or Indiana Club”) is not acceptable and can never be used in any form including as part of a top-level domain name or email address.
F. Endorsements
Endorsements can be mutually beneficial in business relationships, but they can also send a conflicting message to the marketplace regarding Indiana University’s name and reputation. To avoid misinterpretation, endorsements are discouraged. Use the following guidelines to determine how Indiana University’s name, trademarks, and campus landmarks can be used:
- “Indiana University” does not endorse products or services.
- Announcements that identify a unit at Indiana University as a customer, must detail the specific unit's name (ex. it is not “Indiana University” that is purchasing software, but the “Indiana University Accounts Payable Department.”)
- Accurate statements which provide a statement of fact, and do not express an endorsement may be allowable with advanced permission from IU's Office of Licensing and Trademarks and the university official responsible for managing the vendor relationship (e.g. “the Indiana University Office of University Telecommunications is a client of X Technology Group.”)
- Photographs that include Indiana University trademarks or identifiable Indiana University landmarks, buildings, statues, etc., which imply an endorsement of a product or service are not permissible. (For example, an advertisement for a new car parked in front of Sample Gates.)
G. Trademark Enforcement
The Office of Licensing and Trademarks works diligently to protect Indiana University’s trademarks both domestically and internationally. Federal trademark law requires that trademark owners actively protect their marks to maintain the full benefit of registration. Indiana University will prosecute misuse of university trademarks to the fullest extent of the law.
H. Royalties and Fees
The university will assess a royalty on the net selling price of all products sold or otherwise disposed of that displaying university marks. Other fees may include an advanced royalty fee, administrative application processing fee, and reinstatement fees.
I. Royalty Exemptions
Royalty exemptions will be granted for:
- Licensed goods purchased by the university for Internal Consumption (use by university faculty, staff, and students) will be exempted from royalties. Examples include, but are not limited to: team athletic apparel, staff uniforms, office supplies, recognition pins and plaques, calendars and schedules of events, photographs, and works of art.
- Licensed goods or services manufactured or purchased by the university to promote the university and its programs. Examples include student recruitment materials, advertisement of university programs, and notices of special events.
Royalty exemptions will not be granted for:
- Licensed goods purchased by the university, university affiliates, university bookstores, retailers or gift/concession centers for resale;
- Student groups selling licensed goods, or students engaged in business for personal profit while making a nominal contribution to a student organization for the purpose of gaining either the exempt status or the privilege of selling on campus;
- Licensed goods purchased by the university for external-use when the cost of the product is passed to the consumer through fees or contributions.
J. Disbursements
Royalties generated by the Office of Licensing and Trademarks less expenses and operating costs will be transferred to the university scholarships program for distribution to all Indiana University campuses and to the university’s athletic program.
Reason for Policy
The purpose of this policy is to provide standards, information, and guidance on the permissible use of Indiana University’s names and trademarks and to stipulate its licensing requirements.
Definitions
Trademark: 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 indicated 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.
Registered Trademark: A trademark that has been registered with the federal government at the US Patent and Trademark Office. Federal registration provides additional protection against and remedies for trademark infringement.
Infringement: Unauthorized use of a trademark that belongs to another, or use of a trademark as similar to that of another as to cause the likelihood of confusion in the minds of the public as to the source (affiliation or sponsorship) of the product or service.
Licensor: One who contracts to allow another (Licensee) to use the licensor’s property (trademark) in exchange for payment, usually royalty as a percent of sales.
Standard License: A royalty-bearing contract between licensor (IU) and a manufacturer who is licensed to produce specific products bearing one or more of licensor’s trademarks.
Promotional License: A limited-term contract between licensor and a company, organization, or individual in which permission is granted to use one or more of licensor’s trademarks in the promotion of licensee’s products or services. Contract may include permission to use premiums in the promotional campaign.
Premium: A limited-term contract between licensor and a company, organization, or individual in which permission is granted to use one or more of licensor’s trademarks in the promotion of licensee’s products or services. Contract may include permission to use premiums in the promotional campaign.
History
This policy was established on January 1, 1990.
This policy was updated on April 2, 2018 and was updated and renumbered on June 17, 2024.
Previous Versions:
Effective Dates: 12/01/2008 - 04/02/2018