Finance and Administration Policies

Licensing Policy

Franklin & Marshall College requires any individual, business, organization or entity that is not part of the incorporated administrative structure of Franklin & Marshall College (external entities) that wishes to use the marks, logos or symbols of Franklin & Marshall on manufactured goods to seek approval before manufacture and to obtain a license.

The College's marks include the word marks and associated symbols and logos for "Franklin & Marshall College," "Franklin & Marshall," "Franklin and Marshall College," "Franklin and Marshall," "F&M," "Diplomats," "Franklin & Marshall College Poll," "Franklin and Marshall College Poll," and "F&Mily," as well as the College's official seal depicting the profiles of Ben Franklin and John Marshall. [Information on appropriate design uses of the College's visual identity, including in published materials, is available in the College's Visual Identity Guide and the Athletics Identity Guide, distributed by the College's Office of Communications.

Any individual or company that wishes to receive Franklin & Marshall College's express permission to use any of these trademarks/logos on products or services sold or otherwise distributed in the marketplace requires a license issued by the College. This policy applies to for-profit companies, apparel manufacturers, alumni groups and affinity groups that would like to produce goods using the College's marks for any form of distribution, whether or not for sale or re-sale. This policy also applies to College administrative or academic units and student groups that would like to produce goods for sale or re-sale.

This policy applies to manufactured goods that include apparel, key chains, hats, bags, kitchenware, stationery, sports equipment, and all other categories of products produced by external entities. This includes products for sale for profit, for sponsorship or sale for fundraisers, or distributed for free as give-a-ways.

Some activities, such as some non-commercial use of trademarks/logos, may not require a license, but should be reviewed with the College for permission and approval. This policy also recognizes there are activities that may meet legal definitions of "fair use" or free speech so as not to require a license.

Exclusions

F&M College offices and departments: This policy does not apply to goods produced by College administrative or academic units that are NOT intended for sale or resale, such as products for give-a-ways and uniforms for athletic teams and uniforms for College employees. However, an approved licensed vendor must be used to produce the products. Approved licensed vendors have access to a library of high-resolution College design files and have been assessed as offering competitive pricing. In a streamlined process to ensure appropriate vendor use of logos, approved vendors work directly with the Office of Communications or the Office of Athletic Communications, depending of the nature of request, before production to receive approval for submitted designs before goods are manufactured.

F&M student groups and organizations: This policy does not apply to goods produced by student groups and organizations that are NOT intended for sale or resale, such as t-shirts, hats and other goods produced by the College Houses, the student governments, or other student organizations. However, an approved licensed vendor must be used to produce the products. Approved licensed vendors have access to a library of high-resolution College design files and have been assessed as offering competitive pricing. In a streamlined process to ensure appropriate vendor use of logos, approved vendors work directly with the Office of Student Programs before production to receive approval for submitted designs before goods are manufactured.

Obtaining approval

For goods/products governed by this policy, the College's licensing company, Learfield Licensing Partners, LLC (Learfield), reviews all new or revised requests for use of the Franklin & Marshall College name, marks or logos. The licensing company retains an image database of previously approved uses (as developed by the College), including for most apparel and sports equipment, to streamline the approval process for requested products that bear the standard logo and marks.

The College encourages creativity in use of the College's marks, but vendors must submit new or revised uses to Learfield for review and approval to ensure proper use, quality of graphics, and appropriate consideration of issues relating to intellectual property and liability.

In rare cases, Learfield will consult with Franklin & Marshall's Vice President for Communications or his/her designee to grant permission for the requested use. It is the role of the Vice President for Communications to ensure that uses of the College's name and image are aligned with the College's mission and values.

New requests include any individual or group seeking to produce a product or good for the first time, or a group that has received previous approval for a manufactured good but is seeking to produce a separate or distinct good that is substantively different from the previously approved request. The College does not grant blanket approvals to groups to produce manufactured goods. Each new good/product requires approval.

Revised requests include any alteration of an approved licensed product that has new text or images. Alterations that re-arrange existing and unchanged individual design elements do not require new review.

Use of the College's name or marks other than on institutional materials and publications is prohibited without prior authorization. All federal and state laws pertaining to trademark and patent infringement apply.

Vendor selection

After entities or individuals wishing to produce a licensed product or good contact the College's licensing company, Learfield Licensing Partners, LLC (Learfield) and receive approval, the entity or individual will be directed to the Office for the Associate Vice President for Auxiliary Services or Learfield to receive a list of current licensees (vendors). The entity or individual should select a vendor from the College's approved list of licensees.

Approved licensed vendors have access to a library of high-resolution College design files and have been assessed as offering competitive pricing. New licensees (vendors) are added on an ongoing basis, and the list is updated accordingly. Local vendors are encouraged to become an approved licensee (vendor) with Learfield to be available for the College community to select. In rare cases, the Office for the AVP for Auxiliary Services may work with an entity to establish a new licensing contract with a vendor not appearing on the current list of licensees.

Allow two business days to receive notice of approval after the vendor submits to Learfield a request to produce a licensed product or good (the vendor's production time is additional time that requesting entities need to take into account when estimating product delivery).

Designs and registered marks

All designs appearing on licensed goods are reviewed by the College's licensing agency, Learfield. These designs are submitted to the agency by the approved licensee (vendor). All Franklin & Marshall College marks and logos must appear on the licensed goods bearing the appropriate "registered" or "trademark" symbol.

Licensing Fees

Learfield Licensing Partners, LLC (Learfield) has licensing fees for a Standard License and a Restricted License, both of which are subject to annual assessment and review. General information defining the two licenses is posted below. The Licensees (companies or vendors producing the manufactured goods) pays these fees directly to Learfield. For additional information regarding compliance and license granting, please contact Learfield License Partners, LLC at (317)669-0808.

Standard License: Companies that desire to produce licensed products for resale to the general public use the Standard License. However, licensees with a Standard License can also produce goods on a royalty-free basis for products that are produced for internal College use and not for resale. The Standard License requires the applicant to meet a higher set of standards, including higher insurance coverage than the Restricted Licensee.

Restricted License: Vendors that desire to produce licensed products only for internal use by the College (uniforms or give-aways) use a Restricted License. No products produced under this license agreement may be destined for sale or resale for commercial or other income-generating purposes.

The College uses the revenue generated from royalties to support and enhance programs on campus.

More information about the licensing procedures is available on the College's Trademarks & Licensing page.

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Policy Maintained by: Finance & Administration, AVP for Auxiliary Services
Last Reviewed: August 1, 2018