Definitions

Trademark

Any word, name, symbol, device, or any combination thereof that 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 word, 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

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

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

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

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

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.

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