Licensing

I. Scope

All merchandise bearing mention of William & Mary that specifically identifies the university is covered by the licensing policy. Items bearing the name "W&M," "Tribe," or other names that may refer to the university are covered by the licensing program if it can be determined the primary reason or effect of the use of the name is to cause consumers to associate the product, service, event or activity with William & Mary.

II. Purpose

 William & Mary is committed to promoting and protecting the university’s brand standards by ensuring proper usage of its name and symbols. This policy supports the

William & Mary Licensing & Trademark Administration (“Licensing Administration”) goals:

• Protect William & Mary’s Name: By requiring the use of licensed vendors in the creation of merchandise, the university controls the way university trademarks are used and the quality of the merchandise bearing university trademarks.
• Promote William & Mary: By regulating the licensing of William & Mary name and marks, the reputation and image of the university are protected and promoted.
• Support William & Mary: Through licensing contracts, William & Mary receives a percentage of revenues generated through the sale of licensed product. Royalties are returned to William & Mary’s General Fund to support initiatives set forth by the Board of Visitors.

III. Policy Statement 

All merchandise bearing mention of William & Mary that specifically identifies the university must be produced by a licensed vendor and reviewed by the Licensing Administration to ensure the quality and consistency of all merchandise bearing these marks.

William & Mary has registered the university name, wordmark, and logos with the United States Patent & Trademark Office (USPTO). All Producers and Manufacturers of William and Mary branded merchandise, including university-associated groups, departments, and schools, as well as external individuals, groups, and companies, are required to use a licensed vendor and obtain approval from the Licensing Administration prior to production. Any merchandise produced without written authorization may be considered “counterfeit” and subject to all available legal remedies, including seizure of the merchandise.

IV. Definitions

CLC is the trademark licensing company contracted to promote, manage and develop the William & Mary brand. CLC is formerly known as IMG College Licensing or Collegiate Licensing Company.

A License is legal permission to do something otherwise unauthorized. CLC issues one of three license types based on the size of the business or the intended product distribution method.

• The Internal Campus Supplier License allows a company to produce merchandise bearing the trademarks of William & Mary for university departments and registered student organizations for internal consumption only.   
• The Local License is for companies that desire to obtain a license with an institution located in their immediate in-state marketplace. This license type may better suit companies that do not believe they can qualify for a Standard License but believe they can demonstrate sales success within a few years at the local level in order to qualify.  The Local License is held and managed by CLC.
• The Standard License is intended for companies that are capable of extensive production and retail distribution of their merchandise and/or are introducing a unique and commercially viable product to the collegiate market. The Standard License is held and managed by CLC.

The Manufacturer is any person, group, or business that has the means to physically produce a W&M trademark(s) on merchandise. Examples include a t-shirt screen printer, embroidery service, etc. Manufacturers producing items with William & Mary marks must become a licensed vendor.

Merchandise are items that may be sold, promotional items produced for giveaways, gifts, etc., items for fundraisers, or items used by a producer for their own personal use including but not limited to apparel, headwear, footwear, housewares, office supplies, etc., that bear the William & Mary trademarks.

A Producer is any William & Mary affiliated organization, group, department or individual, or non-affiliated organization, group or individual that contracts with a manufacturer (as defined above) to produce merchandise for non-commercial/personal use by the organization, group, department, or individual for their entities’ use. (e.g. athletics department uniforms, student assembly organization t-shirts, university advancement pens).

Official Artwork, licensed vendors obtain W&M’s official art sheet through the BrandManager360 (formerly MyCLC) web portal and artwork through JPatton. Some marks and logos may not be available for general use and the use of any logos will need to comply with the standards presented. For internal use, reference the William & Mary Brand Guidelines located at brand.wm.edu.

Registered and Protected Names go through the United States Patent and Trademark Office (USPTO), William & Mary maintains several protected wordmarks and logos. Only approved licensees will be able to produce, display and distribute merchandise bearing these wordmarks and logos. Trademarks must be filed in coordination with University Counsel and the Licensing Administration.

Trademark is a word, logo, or a combination, used by organization, business, group, etc. to identify its goods and/or services and distinguish them from others.

There are two types of Trademark Designations that W&M utilizes – the ™ mark and the ®. Both designations offer W&M exclusive rights to the logos or wordmarks they accompany, with these differences:

1. The ™ mark – The logos or wordmarks that W&M designates with a ™ signify common-law rights in a trademark pursuant to the Lanham Act.
2. The ® – The logos or wordmarks that W&M designates with the ® are federally registered trademarks through the United States Patent and Trademark Office (USPTO). This registration gives W&M legal validity and exclusive ownership of our marks. The USPTO has very thorough standards of review for all federal trademark registrations to ensure there is no infringement on other registered marks. Federally registered marks are also listed on the national USPTO search reports and with U.S. Customs.

In almost all merchandise applications, the inclusion of the appropriate trademark symbol is required. Exceptions, like the following, may be granted with written permission from the W&M Licensing Administration:

• If the trademark symbol would be so small that it becomes illegible, it may be omitted and a label may be attached stating the logo is a trademark of W&M.
• If the merchandise is extremely high quality (e.g., gold or other precious metals, crystal), the trademark symbol may be omitted and a label may be attached stating the logo is a trademark of W&M.
• The trademark may be omitted on official university business materials and official team uniforms.

Wordmark is any word that is trademarked by the university, but which may or may not have a design or logo-type specified for use. Examples include the wordmark “W&M” or “William & Mary.”

V. Policy

The university is the federally-registered owner of its name, wordmarks and logos and authorized groups shall not delegate the authority to use the university name, wordmarks or logos to any person or entity without the written approval of the Licensing Administration.

Any vendor creating merchandise/products (apparel, bags, writing utensils, mugs, etc.) bearing any of William & Mary’s trademarks, whether for on-campus departments or organizations, or for third-party vendors to sell in stores for resale or general distribution, must be set up as an official licensee and go through an approval process before placing the university’s trademarks on any merchandise/product.

1. To become a licensed W&M Vendor, manufacturers must hold a license for W&M through CLC. CLC is responsible for processing license applications, coordinating artwork approvals, collecting royalty payments and enforcing our trademarks. Once a license application is submitted to CLC, Licensing Administration will review for approval. Licensed manufacturers may be required to pay a royalty fee.
2. Licensed Vendors must adhere to the Artwork Specifications, outlined herein, as applicable. Trademarked W&M logos and wordmarks are available to all licensed vendors through BrandManager360, as outlined on the university’s art sheet available at brand.wm.edu Failure to obtain a license prior to producing merchandise, or producing merchandise with an unlicensed vendor will be considered “counterfeit” and subject to all available legal remedies, including seizure of merchandise. See Section VII below.

Usage restrictions are outlined in Section VI of this policy.

A. General Rules

These rules are applicable to all producers, manufacturers as well as all types of use.

1. Merchandise bearing William & Mary trademarks must be produced by a licensed W&M vendor, regardless of whether the items are to be resold or not. All merchandise must adhere to William & Mary’s Style Guide and the official CLC Art Sheet. A list of licensed vendors that have been approved to produce merchandise can be found at wm.edu/licensing.
2. When organizations use official marks to show affiliation with William & Mary, university marks must be separate and distinct from the organizations’ logos. The only exception to this is use of the official “W&M,” which student organizations are free to incorporate into organization logos.
3. All “W&M” artwork used in student organization logos must be used in accordance with the color guidelines in the Brand Guidelines.
   1. See university Colors for a full set of color codes for each official university color.
4. Type treatments used for the name “William & Mary”, “W&M” or “Tribe” must be ostensibly different from the university wordmark. Do not use the typefaces found in the university logo, Baskerville and Avenir, to typeset these wordmarks in organization logos. See Figure 1 for the example.
5. All efforts should be made to use a William & Mary licensed vendor. In the case that an appropriate vendor is not available an exception may be granted in writing after review from the Licensing Administration. Artwork should still adhere to William & Mary’s visual identity and trademarks.
6. Photographs and artworks bearing the university's marks, or other references to the university are covered by the licensing program. This includes reproductions and mass-produced artworks with reference to the university. (Example: note cards with campus sketch on the front with reference to William & Mary.). See additional information outlined in Exclusions
7. All restrictions specified in Section VI apply.

B. Rules Based on Usage Type

The following rules apply to specific audiences and uses:

1. Departmental Use: William & Mary departments may order merchandise displaying the department name and university marks for the organization’s use and promotion provided that all merchandise purchased by William & Mary departments utilize an official lock-up and be purchased from licensed vendors.  Departmental lock-ups can be requested by contacting creative@wm.edu.  A list of licensed vendors that may produce merchandise for departments and campus organizations can be found at www.wm.edu/licensing.
2. Student Organization Use: Student organizations officially recognized by William & Mary’s Office of Student Leadership Development may order merchandise displaying both the student organization's name/logo and university marks for the organization’s use, promotion, or fundraising activities under the following guidelines:
   • Student organization logos may use the official “W&M” artwork, the registered name “William & Mary” and official university colors.
   • Logos for student organizations must not include the official university logo, the university wordmark, the seal, the Coat of Arms, the 1693 Weathervane, the Crim Dell Bridge, the Wren or the cypher. These marks are official branding marks and decorative graphics reserved for official university usage to avoid brand confusion and to preserve the integrity and recognizability of the university’s logo. 

3. Sport Clubs Use: Sports Club teams that do not compete in NCAA-recognized sports are permitted to use the university name or marks on their competition uniforms without the use of the club's name only with the advance approval of the Assistant Director of Sport Clubs and the Director of Trademark Licensing. (Examples:  Bass Fishing, Sailing). Sport Clubs teams that compete in sports recognized by NCAA, even in those sports where the university does not field a team, are required to include the Club name on the uniforms, equipment, and any related apparel or product. (Examples:  Fencing Club, Club Lacrosse).
4. Sponsorship:
   • Sponsorship use by Recognized Student Organizations: Recognized student organizations, as defined by Student Leadership Development, may include a sponsor name/logo in addition to university trademarks on products that are directly utilized in club activities. The organization's name/logo must be the primary logo and displayed in a manner that will communicate that the relationship exists between the organization and the sponsor. Any implied relationship between the sponsor and the university may result in the Licensing Administration’s rejection of the artwork. The organization may not use the trademarks in a manner that in any way would constitute an endorsement or approval of the sponsor or its products, activities, or services by the university.
   • Sponsorship use by External Groups, Businesses or Organizations: William & Mary trademarks may only be used by a private group or business through a contract with the university which explicitly allows for its use. The approved agreement shall be reviewed by the Licensing Administration prior to the trademark being used by the sponsor. Such contracts or agreements shall offer the nonexclusive use of the university’s name and/or the university brand mark (logo), in compliance with university brand standards, in the promotion of endorsed business and activities. A promotion or sponsorship agreement with the university must not and does not convey university endorsement of the sponsor’s products or services. Promotional or sponsorship agreements with external groups, businesses or organizations shall not utilize language that implies “preferred” or “official” status with the university (e.g. William & Mary’s preferred moving company or the Official Banking Partner for W&M Athletics) without contractual permission. Merchandise bearing any W&M trademarks, whether sold for retail or used as giveaways, must be produced by a licensed W&M vendor and approved by the Licensing Office.

C. Royalties

 All merchandise is subject to a royalty fee if a university Trademark is utilized, regardless of use and funding source.

Exemptions to royalty fees are given when university Trademarks are used to create employee and/or student uniforms, name badges, internal production of napkins and disposable dinnerware, personalized recognition awards, and trade show and recruiting booths, tables, and displays. Fundraising activities do not qualify for exemptions from royalties.

Royalty exemptions are approved by the Licensing Administration and request for exemptions must be made in writing to licensing@wm.edu. An exemption does not excuse the requirement for artwork review or the use of a licensed vendor for manufacture or production.

D. Exclusions

1. Publication and/or Media Use: For authorization to use a William & Mary trademark in publications or in the media, please contact University Web & Design at creative@wm.edu. Use may or may not be subject to fees.
2. Campus Property, including Vehicles: Outdoor signage on all campus property should be designed in consultation with University Web & Design. Outdoor signage shall follow the guidelines set in the University Style Guide as established by the Visual Identity Working Group.
3. Photography/Artwork: Photographs and artworks of university landmarks, buildings, etc that do not bear the university’s name or any reference to the university or its marks are not covered by the licensing program.

VI. Restrictions

William & Mary trademarks may not be used in conjunction with the following products and images, including but not limited to: products that can be used to injure, kill or present a high risk of harm to others; alcohol, tobacco and drug-related products; sexually suggestive products; and products that are detrimental to the mission or image of the university.  Any association with profanity; demeaning or degrading language will not be approved. 

Additionally, the university reserves the right to prohibit other uses that it deems inappropriate or inconsistent with the image and mission of the university.  W&M bears no responsibility for ensuring the artwork does not infringe upon the trademarks or copyrights of others.

VII. Enforcement

Merchandise bearing university Trademarks and produced without proper written authorization may be considered counterfeit or infringing and subject to all available legal remedies, including, but not limited to, seizure of merchandise.
Violations of this policy by members of the university community may be addressed as misconduct under the applicable disciplinary procedure.    

VIII. Authority, Interpretation & Amendment 

This Policy is approved by the Senior Vice President for Finance and Administration. The Senior Vice President has delegated authority to amend this Policy to the Director of Auxiliary Services.  This Policy is interpreted and administered by the Licensing  Administration. 

IX. Related Documents

• W&M Brand Guidelines
• Licensed W&M Vendors
• University Style Guide