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Policy for the Use of University Names and Insignias

     

We live in an age in which intellectual property has risen to the forefront of commerce and legal importance. The names “Colorado Seminary,” and “University of Denver” (the “Name” or “Names”), and University marks and symbols, including, but not limited to, our official seal, the “D” logo, the red tailed hawk logo, and the Ritchie Center logo, are trademarks and service marks of significant value (the “Mark” or “Marks”). All members of the University community and the institution as a whole benefit when its Names and Marks are well used, and suffer when they are not.

As a point of clarification, Colorado Seminary and the University of Denver are separate corporations, the former having been chartered directly by the Territorial Legislature. The proper way to describe our structure is “Colorado Seminary, which owns and operates the University of Denver .”

We take a legitimate interest in the use of our Names and Marks for at least three reasons:

•  The University and its members have a responsibility to ensure that any implied association with the University is accurate.

•  The University and its members have a responsibility to ensure that the activities with which it is accurately associated maintain standards consistent with its educational purposes.

•  The University and its members have a responsibility to protect its assets by seeking a fair share of the economic value that the use of our Names and Marks produce.

In accord with these responsibilities, the following standards have been adopted by the Trustees of the University to regulate the use of our Names and Marks by the University of Denver , its divisions, schools, units, and individuals within the University, and the use by individuals and institutions outside the University, as may be authorized.

The use regulated by this policy refers to the identification, statement, or display of our Name or Marks in any way that may reasonably be interpreted as implying endorsement, approval or sponsorship by the University or one of its units. Nothing in this policy is intended to discourage fair use of our Name to comment on activities of the University or any of its units.

I.   Standards for University Units.

All University units (departments, divisions, schools, or other organizations that are part of the University) must comply with the following requirements:

•  A name that refers to the University as a whole may be used to identify an activity only with the approval of officials representing the University as a whole. Specifically, units may themselves use, or authorize outside individuals or entities to use, the Name of the University as a whole, e.g., “University of Denver,” or its equivalent, only with the prior written approval of the Provost, except as follows:

•  Stationery, business cards and other materials used by the units in the ordinary course of business.

•  Official publications of the University (e.g., catalogues and related materials of the University and its various units, “home pages” on the World Wide Web, and similar electronic publications issued by units, and the Alumni Directory).

•  Journals in printed or digital form published by the University or any of its units where the University or unit involved retains sole editorial control (e.g., the University of Denver Law Review ).

•  Materials prepared specifically for use in connection with courses conducted by the University.

•  A name that refers to individual units may be used to identify an activity only with the approval or responsible authority of the individual unit and, in certain cases, the Provost. Specifically:

•  A unit may use, and may authorize outside individuals or entities to use, its Name (“University of Denver Law School”) only with the approval of the responsible officer (the Dean in the case of schools or the Provost in the case of other units). All activities in which outside individuals and entities are authorized to use the name of a unit should be reported to the office of the Provost. In addition to the approval required above, prior written approval by the Provost is required for the use of the name of any unit by any outside individual or entity where the activity involves:

•  The sale or distribution for financial consideration of a product or services.

•  A financial payment to the University or to any of its units.
•  A fundraising, advertising, or promotional effort for any entity other than the University of Denver , or one of its units.

•  A school or unit should take due care to ensure that its activities do not use names that adversely affect other units. For example, a project conducted by a unit should not bear a name that is confusingly similar to a project carried on by another unit.

•  University officials should consider the general criteria of accuracy, appropriateness, and fair value when authorizing the use of the University Name or seal under any of the foregoing rules. Specifically, officials should consider the following factors:

•  Whether the association between the University and the activity, product, or publication is accurately represented.
•  Whether the activity, product, or publication, and the manner in which it is associated with University's Name, are appropriate to the University's educational mission.
•  Whether satisfactory arrangements have been made concerning the interest (if any) to be held by the University in intellectual property and income resulting from the proposed activity.

II.  Standards For Faculty, Staff and Students.

This part contains the standards for the use of the University's Name or seal by members of the University community acting in their individual capacities.

•  Faculty members, staff, and students may use or authorize the use of the University Name (alone or in conjunction with the name of a specific unit) to identify any activity, individual, entity, or publication only with the approval of their Dean or the Provost, except as described below.

•  Faculty members and staff may use the University's Name to identify themselves (e.g., “Jane Doe, Professor of Physics, University of Denver ”). In using or authorizing use of the University Name to identify themselves in connection with activities conducted with outside individuals and entities (e.g., authoring a book), faculty and staff members should assure that the University Name is used in a manner that does not imply University endorsement or responsibility for the particular activity, product, or publication involved.

•  Students are permitted to use the name of a unit only with the approval of the responsible officials of each unit or, in the case of the use of the name on merchandise, the office of the Vice Chancellor for Intellectual Property & Events.

III. Additional Provisions.

•  Supplemental Rules . Units may adopt supplemental rules consistent with the policy to govern their own activities. The University Legal Counsel and the Provost must approve any such rules.

•  Blanket Permissions . In appropriate cases, permission for ongoing activities requiring approval under this policy may be given by category.

•  Copyright Notices . No approval is necessary to include the term “Colorado Seminary, a/k/a the University of Denver ” in a copyright notice on a work for which the University owns copyright. Copyright notices may include either of these terms, but should not include the names of individual units, since the University as a whole is the legal proprietor of copyright in the University-owned works.

•  Trademark Registration . No one may register or authorize the registration of any trade or service mark of the University of Denver in the United States or any foreign country without the prior written permission of the University Legal Counsel and the Provost. This requirement applies to both marks of the University as a whole and marks of individual units.

•  Licensing for Merchandise . Any individual or unit that wishes to receive a license for the University Name or seal for use on merchandise (such as T-shirts, mugs, calendars, and jewelry), must obtain the prior approval of the Vice Chancellor for Intellectual Property & Events.

•  Use of University Name in Television and Films . Request from outside entities to include references to the University in films, television programs and similar programs should be referred to the University Office of Communications.

•  Policy on Unauthorized Use by Third Parties . The Office of the Vice Chancellor for Intellectual Property & Events and the Office of the University Counsel represent the University's interests in connection with unauthorized uses of our name or seal by third parties, and will be guided in their actions by the standards embodied in this policy and principles of trademark law.

•  Questions of Interpretation . Questions concerning the interpretation of this policy should be referred to the University Counsel and the Vice Chancellor for Intellectual Property & Events.

ipcommittee/namepolicy122900.doc


Office of Intellectual Property & Technology Transfer
Office: The Cable Center, 2000 Buchtel Blvd., Denver, CO 80210
Mail: Ritchie Center, 2240 E. Buchtel Blvd., Denver, CO 80208
Telephone: 303.871.4230· FAX: 303.871.4514· E-mail: cpavelka@du.edu

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