Purdue University Trademarks & Licensing

Purdue University owns and controls the use of its logos, insignias, seal, designs, symbols, service marks, trade dress, trade names, depictions of campus buildings used commercially, and other trademarks, collectively called "Trademarks", that are associated with the University or any of its campuses, whether registered or not.  These include, but are not necessarily limited to, the words "Purdue", "Purdue University", "Boilermakers", "Boilermaker", "Boilers", "Boiler", the University seals, Purdue Pete, the Boilermaker Special or any derivations therefrom, and such other trademarks as are owned, developed, and adopted from time to time by the University.

In order to meet the public demand for goods and services bearing Purdue's Trademarks, Purdue grants non-exclusive, royalty bearing licenses to companies to produce, market, and sell such goods and services.  Purdue may or may not be represented in these licensing matters through agency agreements with licensing agents. The administrative responsibility for the Trademark Licensing program rests in the Office of Sponsored Program Services (SPS) and for purposes of this policy is referred to as Purdue Trademark Licensing.

The purpose of this memorandum is to provide guidance as to the permissible use, as well as restrictions on the use, of Purdue's Trademarks.  This memorandum also sets forth the responsibility for granting permissions and licenses for such use.

Any staff member, faculty member, student, student group or organization, outside individual, commercial organization, or company wishing to use Purdue's Trademarks for commercial purposes (including fund raising for student groups) must obtain permission to do so.  All use of Purdue's Trademarks must be done under license or permission granted by Purdue University.

Use of Purdue's Trademarks without license or permission is strictly prohibited.  Prior authorization of the use of Purdue's Trademarks will not be construed as an authorization of use in the future, nor will any prior course of conduct, use or infringement prohibit Purdue from enforcing any of its rights with respect to the Trademarks.  Purdue reserves the right to pursue any and all legal remedies and will take whatever measures necessary to protect its Trademarks from infringement.

Trademark generally means any word, name, symbol, device, or any combination thereof which identifies the source of goods or services whether or not they are registered.  In practice, a Trademark also enhances the desirability of a product and, when properly controlled, can increase the value of the product as well as the goodwill inherent in the Trademark.

For the purposes of this document, "Trademark" is used to indicate, in addition to the strict legal definition, service marks, trade names, trade dress, any trademarked words, symbol, device, trademark, logo, insignia, seal, indicia, emblem, identifying mark, mark, or any combination thereof, used to identify the source of goods or services, whether or not they are registered.

Infringement means any unauthorized use of a Trademark; or the use of any word, term, logo, symbol, or device, or any combination thereof, or any false or misleading description or representation of facts, which in connection with any goods (or any container for goods) or services is likely to cause confusion or deceive the general public as to the affiliation, connection, or association of the producer to the University; or which causes confusion as to the origin/sponsorship/endorsement/approval of the producer's goods, services, or commercial activities by another person; or any use of a Trademark that is otherwise in violation of applicable law.

Licensing Agent means one who is empowered to act on behalf of another or represent another on issues related to the manufacture, distribution, and sales of goods or services bearing protected Trademarks.

Licensor means one who contracts to allow another (licensee) to use licensor's property (i.e. Trademarks) usually in exchange for a royalty as a percent of sales. 

Authentic means the article or product being produced is identical to what the players and coaches wear during games or practices (material is the same, design is the same, same manufacturer as team uniforms, etc.).

Replica means the article or product looks substantially identical to what players and coaches wear, but may vary as to material, quality, or manufacturer.  Replicas are not the same as authentic.

Any individual, organization, or company wishing to use Purdue's Trademarks must be properly licensed to do so.  Purdue may or may not engage the services of authorized agents for Trademark licensing purposes.  If Purdue engages the service of an agent, the agent is authorized to license those producers meeting Purdue's qualifications and Purdue will not issue licenses directly.

Distributing, brokering, or retailing licensed goods does not require a license, nor will licenses be issued for such purposes.

Purdue reserves the right to pursue any and all legal remedies against infringement (see definition above) of the Trademarks.  If Purdue engages the services of an agent, the agent is authorized to pursue enforcement actions on Purdue's behalf.

The use of the Purdue's Trademarks in conjunction with a commercial promotion including a commercial Internet site may be permissible if the following criteria are met: 

1. The promotion or use must be beneficial to Purdue.  This benefit may be tangible or intangible.
2. The use must be consistent with Purdue's institutional mission, values, and standards of excellence.
3. The use must be consistent with all other provisions of this memorandum.

The use of Purdue's Trademarks in conjunction with commercial promotions or on a commercial Internet site must be approved by a management committee consisting of the Executive Vice President and Treasurer, Vice President for Business Services and Assistant Treasurer, the Vice President for University Relations, and the Director of Intercollegiate Athletics.  Requests for approval will be communicated to Purdue Trademark Licensing in writing.  Purdue Trademark Licensing may require that such promotions operate under a promotional license, which will be issued by Purdue's licensing agent.

A promotional license is a limited term contract between Purdue and a company, organization, or individual in which limited single use permission is granted to use Purdue's Trademarks in a commercial promotion. A fee will be charged for promotional licenses, depending on the nature of the promotion.  All promotional material must be approved in advance by Purdue Trademark Licensing.

When a Purdue team is an invited participant in an event where the event sponsor's trademarks are used to name the event, Purdue allows the use of its Trademarks in conjunction with the sponsor/event's trademarks to promote the event.  Purdue Trademark Licensing must specifically approve each such use.

When the Big Ten Conference and its member schools agree to promote the conference and its member schools through a commercial sponsorship, Purdue allows the use of its Trademarks in conjunction with the Conference Trademarks, the member schools' Trademarks and the sponsors' Trademarks.  Purdue Trademark Licensing must specifically approve each such use.

The use of Purdue's Trademarks in advertisements in various media including but not limited to  TV, radio, print and on the internet may be permissible if the following four criteria are met:

• The advertisement promotes the sale of officially licensed Purdue merchandise;
• The official Purdue University Seal is not used;
• The advertisement does not state or imply any endorsement of the company or its products by Purdue; and the advertisement artwork is approved in writing by the Purdue University Trademark Licensing Administrator prior to publication and complies with any other requirements imposed by the Administrator.

If you wish to submit advertising designs for approval please send them to the following address:

Purdue University Trademark Licensing
Purdue University
507 Harrison St. SCCD
West Lafayette, IN  47907-1063

You may also fax designs to (765) 494-6260 or (765) 494-1360

A license agreement IS required and royalties ARE due if:

• The picture or illustration is used as a graphic decoration on a commercial product.
• The packaging or advertisement for the product that contains or carries a photograph or illustration is presented in a manner that implies affiliation or association with Purdue.
• Purdue's Trademarks (including the name "Purdue") appear on any packaging or promotional materials and/or announcements that promote the merchandising of the product.

A license agreement is NOT required and NO royalties are due if:

• The photograph or illustration is being purchased for non-commercial (in-home) use.
• The photograph or illustration is to be used in a commercial establishment as decoration, but only in a manner that would not imply an affiliation, endorsement or association with Purdue.
• The photograph or illustration is being used by a recognized news gathering service for publication or broadcast.
• The photograph or illustration is being used in a historical context by a recognized news agency, publisher or other service.
• The photograph or illustration is used in an entertainment or artistic context such as commercial movies or TV shows.  Purdue Trademark Licensing must receive written requests for this use and will forward to the Vice President for University Relations for approval.

Purdue Trademark Licensing reserves the right to approve each use of its Trademarks on a per product, per design basis.  Licensees or those that are given permission will submit each proposed use, product, or design to Purdue Trademark Licensing or Purdue's authorized agent (for commercial products) for approval.

     Purdue Trademark Licensing will not approve the use of its Trademarks on the following products:

         
• Alcoholic beverages
    
• Tobacco or tobacco-containing products
    
• Legally controlled substances
    
• Sexually oriented products or designs
    
• Religious affiliated products or designs
    
• Political products or designs
    
• Games of chance
    
• Appliqués, patches, or heat transfers for retail sale

In addition Purdue Trademark Licensing will not approve the use of the Trademarks 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.  Purdue Trademark Licensing will not approve products that do not, in Purdue Trademark Licensing's sole discretion, meet minimum standards of quality and/or good taste or those that are judged to be dangerous or carry high product liability risks.

Purdue Trademark Licensing will not approve the use of its Trademarks on any product or design that in Purdue Trademark Licensing's sole discretion 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 current student athlete
    
• Names of student athletes
    
• Nicknames of student athletes

Purdue Trademark Licensing approves products or designs incorporating its current Trademarks.  Trademarks that are obsolete or replaced by updated Trademarks continue to be protected and owned by Purdue.

All licensed goods and services for sale to the public are subject to a royalty.  The royalty rate is determined by Purdue and is subject to change by Purdue.  Purdue Trademark Licensing or Purdue's authorized licensing agent administers the royalty policy.

Purdue Trademark Licensing may grant exemptions from royalty payments in the following situations on a case-by case basis:

• Items purchased by Purdue for its use ("internal consumption").  This includes items purchased for conferences and university-sponsored sports camps arranged by Continuing Education Administration (CEA).  Also included are promotional items that are given away by Purdue departments.  A licensee must produce these items unless an exception is granted by Purdue Trademark Licensing. 
    
• Items purchased by Purdue student organizations for official fund-raising purposes, approved by the Office of the Dean of Students.
    
• Items purchased by non-Purdue philanthropic groups for fund raising purposes. 

Purdue Trademark Licensing will provide licensed manufacturers with written notification that these goods are exempted from royalty payments. Purdue Trademark Licensing will provide written permission if an unlicensed manufacturer produces any of these goods.  All other provisions of this memorandum regarding Trademarks apply to items that are exempt from royalty payments.

Royalties generated by the licensing program are disbursed at the discretion of the Vice President for Business Services and Assistant Treasurer.

Technical guidelines are established which describe how Purdue's Trademarks should be presented, displayed and reproduced.  The official gold color adopted by Purdue in printed matter is PMS 872 metallic for coated stock or PMS 1255 for uncoated stock.  For embroidered apparel, consult with Purdue Trademark Licensing to match the metallic gold.  These technical guidelines are attached and made a part of this policy. 

These policy guidelines may change from time to time.  Current guidelines are available from Purdue Trademark Licensing.  Purdue encourages creative uses of its Trademarks in promoting school spirit and recognizes that concepts or designs developed by licensees may not clearly fall within the guidelines.  Purdue Trademark Licensing will be the sole judge of acceptability and reserves the right to grant approval of uses and designs which may deviate from these guidelines.

Questions regarding these and any other licensing questions may be directed to the Trademark Licensing Office at 494-1077.