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Branding, Licensing and Trademark Program

The Caldwell University Athletic Department has a rich history and a bright future. Caldwell University Athletics and its colors, symbols and logos communicate proud heritage and future promise.

This tradition and spirit shared by Caldwell University’s students, faculty, alumni, friends, and fans have created a growing demand for products displaying Cougar marks, symbols, and logos. The number of manufacturers who want to produce such products is also growing.

The Caldwell University Athletic Department trademark licensing program is the Athletic Department’s response to these demands. It is responsible for actively promoting these quality products while seeing that the Caldwell University Cougar is appropriately represented. The licensing program also allows the Athletic Department to receive the appropriate commercial value for use of their trademarks.

BRANDING AND VISUAL IDENTITY

Caldwell University owns and controls the use of its name(s) and other marks, logos, insignias, seal, designs, or symbols that are associated with the University through a federally registered trademark. These include, but are not limited to, the words “Caldwell University”, “CU,” along with the University seal, Institutional marks, or any derivations there from. The term “Cougar”, the name of the school mascot, and its likeness are trademarked items and cannot be used without permission.

In order to meet the public demand for goods bearing Caldwell University marks, Caldwell allows manufacturers of these goods to acquire a non- exclusive or, in some cases, an exclusive, royalty-bearing license to produce, market, and sell such goods. Caldwell University is represented in these licensing matters through an exclusive agency agreement with Learfield Licensing Partners of Indianapolis, IN. The contact person at Learfield is Andrew Engel (317-759-1739)  aengel@learfieldlicensing.com. The administrative responsibility for the licensing program rests of the Caldwell seal and logo rests in the Marketing & Communication. The Athletic offices is responsible for the spirit and athletic logos.

The purpose of this Policy Statement is to provide guidance as to the permissible use, as well as restrictions on the use, of Caldwell University protected marks. This Policy Statement also sets forth the responsibility for granting permissions and licenses for such use.

Any individual, organization, or company wishing to use Caldwell University trademarks for any purpose must obtain permission to do so from Caldwell University.

Use of Caldwell University’s marks without license or permission is strictly prohibited.

LICENSING REQUIREMENTS
Any manufacturer wishing to use Caldwell University’s marks on its products must be properly licensed to do so. Learfield is Caldwell’s authorized agent for trademark licensing purposes. Learfield is authorized to license manufacturers meeting Caldwell University’s qualifications.

JUDGING ACCEPTABILITY
Caldwell University encourages creative uses of its marks in promoting school spirit. Caldwell 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 usage. When this occurs, Caldwell will decide each matter on a case-by-case basis. Alteration, in any way, of any of the Caldwell University trademarked logos will not be permitted.

PRIVATE USE OF THE MARKS

The use of the Caldwell 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.

USE OF THE MARKS

The use of the Caldwell 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 Caldwell. This benefit may be tangible or intangible.
2. The use must be consistent with Caldwell 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. Caldwell University may require that such promotions operate under a promotional license.

PROMOTIONAL LICENSE
A promotional license is a limited term contract between Caldwell University and a company, organization, or individual in which permission is granted to use Caldwell University marks in a commercial promotion. A fee may be charged for promotional licenses. Caldwell must approve all promotional material in advance.

USE OF MARKS IN NAMED EVENTS
When a Caldwell University team is an invited participant in an event where the event sponsor’s name and/or logos are used to name the event, Caldwell 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 Caldwell University.

PRODUCT/DESIGN APPROVAL
Caldwell University shall approve each use of its marks on a per product, per design basis. Licensees must submit each product or design to Learfield for approval by Caldwell.

Caldwell University will not approve the use of its marks on the following
products:

  • Alcohol
  • Tobacco
  • 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, Caldwell 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. Caldwell will not approve products which to not meet minimum standards of quality and/or good taste or are judged to be dangerous and/or carry high product liability risks.

Caldwell University will not approve the use of its marks on any product or
design, which in Caldwell’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

Caldwell 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 Caldwell University, but will not be approved for use in new products or designs.

ROYALTIES

All licensed goods manufactured for sale to the public are subject to a royalty. The royalty rate is designated by Caldwell University and is subject to change by the University. The royalty is paid on wholesale sales by the manufacturer of the goods. Learfield administers the royalty policy.

Caldwell 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 & Communications or Caldwell Athletic office in writing and be shared with Learfield for administration.

Caldwell 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 fund raising purposes approved by the Office of University Relations
  • 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 Caldwell University marks must follow the normal approval process whether exempted from royalties or not.