Basic Construction Business Practices
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Copyright and Trademark Protection
By:Kyle L. Elliott

Practice Group(s):Intellectual Property & Technology

Colleges and universities, and their athletics teams, are widely recognized and have a large number of loyal fans and graduates. To capitalize on this notoriety, many post-secondary institutions have developed extensive merchandising and trademark licensing programs. A brief visit to a university bookstore reveals an incredible breadth of “team merchandise,” ranging from clothing to housewares.

A District can also capitalize on the recognition of the names, logos and mascots used by the schools. However, the District must work to acquire the broadest rights possible if it is to keep other entities from reaping the benefits from merchandise displaying the District’s name and logo.

The District should secure, to the extent possible, both copyright and trademark protection for its name and logo. Copyright protection, for example, may be used to keep others from reproducing the logo. Trademark protection, on the other hand, may be used to keep others from using the name and/or the logo in connection with the sale of goods.
Securing these rights, however, will require effort. A District must conduct a search for both the name and logo to determine if other entities have superior rights to use them as trademarks for particular goods or services. A District may encounter additional problems if it has permitted others to use its name or logo for a long period of time without attempting to stop the use.

District officials should consult an Intellectual Property attorney if the District is interested in developing a merchandising and trademark licensing program. An Intellectual Property attorney can further advise you on the process required to properly plan and develop the program.