20.11 / Use of the University's Name, Seal, Logos or Marks

Trademark and Branding Panel

To comply with all applicable laws and assure protection of University Marks, the University has established a Trademark and Branding Panel (the "Panel") to manage University Marks. The Panel has the following objectives:

1. Control the use of University Marks, protect all University Marks from unauthorized uses, and facilitate the process of granting authorization for legitimate internal and external use of University Marks.
2. Promote the University in a consistent and uniform manner to protect the University's reputation, name, and image by permitting only appropriate uses and assuring that only quality products bear University Marks.
3. Generate revenue to pay for the expense of protecting the University Marks.
4. Protect consumers from deception and/or inferior products and services unlawfully bearing University Marks.

Administration and Management of University Marks

1. The Panel is responsible for the administration and management of University Marks and the University's trademark licensing program. This includes but is not limited to implementing policies and procedures established by the University. Additional information about the Panel and its administration and management of University Marks can be found at the administration's trademark and branding page
2. The University has authorized certain Licensing Agents to assist with the administration and management of University Marks. The Licensing Agents shall provide periodic updates to the Panel to enable the Panel to assess status of meeting its objectives identified above in Section III(A).

Usage of University Marks

1. All use of University Marks requires the prior authorization of the Panel consistent with this policy. The University retains the sole right to approve or deny any use of its Marks, even if such use is not explicitly prohibited by this policy or implementing standards and guidelines.
2. All University Marks must be used in accordance with the University's Visual Identity Standards Manual, which may be updated from time to time at the discretion of the University.
3. University Marks must not be modified or altered in any way. University Marks that contain graphic elements must not be distorted or rotated, and none of the elements of the Mark may be screened, flopped, or scaled out of proportion. No additional text or images may be added to any University Mark, and no other test or graphics should be displayed on top of or behind a University Mark.
4. University Marks cannot be used in any way that states or implies endorsement or approval of a product or service, gives a false impression, is misleading, or could cause confusion regarding the University's relationship with any person or entity.
5. University Marks may not be used in any manner that could adversely affect the University's image or standing or would for any other reason be inappropriate for a public institution.
6. Unless approved by the Panel, University Marks shall not be used in connection with proscribed uses, including without limitation to the following:
   1. Tobacco and nicotine related products;
   2. Controlled substances and illegal drugs;
   3. Sexually oriented or suggestive products or services;
   4. Religious products;
   5. Political parties or organizations;
   6. Gaming or games of chance involving bets or wagers;
   7. Weapons;
   8. Products that use profanity;
   9. Products that contain statements impugning other universities;
   10. Products that present an unacceptable risk of liability;
   11. Products that are harmful to the mission or integrity of the institution; or
   12. Products that contain another entity's registered trademark, unless explicit written permission has been granted from that entity.
7. Prior authorization of the use of University Marks shall not be construed as an authorization of use in the future, nor will any prior course of conduct, use, or infringement prohibit the University from enforcing any of its rights with respect to its Marks.
8. Any and all uses of the names, numbers, likeness, and/or images of University student-athletes must comply with all applicable University policies including, but not limited to the University's Name, Image, and Likeness policy, and applicable NCAA regulations.
9. The use of University Marks in the naming of a University facility (or a major component thereof) must also comply with Policy 11.06 / Naming of University Facilities.

External Use of University Marks

1. University Marks may be used by External Entities only pursuant to a license, memorandum of understanding, or sponsorship agreement stating the terms and conditions of such use (each, a "License Agreement"). License Agreements may be with the University and/or one of its Licensing Agents. All License Agreements are subject to the approval of the Office of General Counsel.
2. Products created by External Entities for a Commercial Purpose must receive approval from one of the University's Licensing Agents and must be produced by an Approved Vendor.
3. Products created by External Entities for a Promotional Purpose must receive approval from the Panel.

Internal Use of University Marks

1. All University Marks, including Departmental Marks, are owned and managed at a University-level by the Panel. Except as expressly stated in this policy, no department or group internal to the University have the authority to use University Marks without prior permission from the Panel.
2. University Departments and Recognized Student Organizations may use the University Marks in connection with their respective missions in furthering the interests of the University. All usage of the University Marks by University Departments and Recognized Student Organizations shall be in accordance with this policy.
3. Products created by University Departments for a Promotional Purpose must receive prior written approval from the Panel and must be produced by either an Approved Vendor or Promo Solutions at Wichita State. Products created by University Departments for a Commercial Purpose must receive prior written approval from the Panel and must be produced by an Approved Vendor.
4. Products created by Recognized Student Organizations for either a Promotional Purpose or a Commercial Purpose must receive prior written approval from the Panel and must be produced by an Approved Vendor.
5. No individual faculty, staff, student, or group comprised of the aforementioned individuals may use any University Mark in any manner that suggests or implies University support or endorsement for or of a point of view, personal or political opinion, business activity, movement, or program that is not official University business. If there is potential for confusion in a statement describing affiliation with the University, one should dispel any confusion by adding a disclaimer stating that the University is not involved in the business, activity, movement or program, with the understanding that the University may require that additional steps be taken depending on the circumstances.

Creation of University Marks

1. All University Marks created for use by the University, including but not limited to Marks created for use by University Departments ("Departmental Marks") and Recognized Student Organizations, must be approved by the Panel. The Panel retains the right, in its sole discretion, to require modification of any proposed Mark and/or prohibit the creation and use of a Mark.

Royalties

1. The University reserves the right to assess a royalty and/or other fees on all items bearing a University Mark ("Royalty(ies)"). All Royalties shall be established by the Panel. All requests for a Royalty wavier must be submitted to the Panel. Royalties may be waived at the discretion of the Panel.

Violations

1. Unauthorized use of University Marks is strictly prohibited. The University reserves the right to take appropriate action when confronted with unauthorized use of its Marks including, but not limited to, taking legal action and confiscation and/or seizure of infringing products.
2. External Entities that use University Marks in violation of this policy are also subject to civil and criminal penalties pursuant to state and federal laws.

1. Approved Vendor: all persons or entities who have entered into a written agreement with the University (either directly or through a Licensing Agent) to manufacture products bearing University Marks.
2. Commercial Purpose: any purpose whereby use of the University Marks is in exchange for compensation, including but not limited to monetary compensation and in-kind exchanges.
3. Controlled Affiliated Organizations: Wichita State University Intercollegiate Athletic Association, Inc., Wichita State University Union Corporation, Wichita State University Innovation Alliance, Inc., WSIA Investments Corporation.
4. External Entity(ies): any individual, organization, or company that is external to the University.
5. Licensing Agent: a third-party entity with whom the University has a contractual relationship for the use of University Marks for various purposes including, but not limited to merchandising, marketing rights, endorsements, and sponsorships. A list of the University's Licensing Agents can be found at the administration's trademark and branding page.
6. Marks: all characters, colors, emblems, designs, identifications, logos, mascots, names, service marks, symbols, trademarks, and trade names which are owned, licensed to, or controlled by the University.
7. Non-Controlled Affiliated Organizations: Wichita State University Foundation and Alumni Engagement.
8. Promotional Purpose: any purpose whereby use of the University Marks is not in exchange for compensation, including but not limited to monetary compensation and in-kind exchanges (i.e., a product being given away or gifted at no cost).
9. University: Wichita State University and Controlled Affiliated Organizations.
10. University Departments: all University colleges, divisions, departments, units, centers, and institutes.