Ensign College (“College”) administration, faculty, staff (student employees), and volunteers (“College Personnel”) are expected to respect the rights of trademark owners as established by relevant state and federal laws. College Personnel and students who disregard the Trademark Policy may be in violation of the Church Educational System Honor Code, may jeopardize their employment, may place themselves and the College at risk for possible legal action, and may incur personal liability.
A trademark is any logo, symbol, design, nickname, letter(s), word, slogan, or derivative that serves to identify an organization, company, manufacturer or institution and can be distinguished from other entities or competitors. The Lanham Act in Title 15 of the U.S. Code, which contains the federal statutes governing trademark law in the United States, gives trademark owners exclusive right to the use of their trademarks and protects against trademark infringement or dilution.
Navigating trademarked and copyrighted materials can be tricky. That’s why we’ve created our Intellectual Property Guide, to help you cover your media use bases.
1. Company names, distinctive phrases, logos, and other symbols or devices used by a business to identify their goods and services are protected by trademark law.
2. Permission may be required for reproducing, distributing, modifying, or displaying the trademarks of other companies and institutions. If permission is required and subsequently granted, follow all of grantor’s instructions. If permission is denied, do not use the trademarks. Permission may not be required if the proposed use falls within certain exceptions under the law. For example, permission may not be required in certain circumstances involving:
a. Use in connection with comparative advertising;
b. Parody, criticism, or commentary with respect to the trademark owner or the goods or services of the trademark owner;
c. News reporting or news commentary; or
d. Some situations of incidental, non-commercial use of a mark. See 15 U. S. C. § 1125(c) (3).
3. Some logos qualify for both trademark and copyright protection. Treat an artistic logo the same as you would a photograph or painting belonging to someone else. Using it with permission is usually recommended.
4. Each individual is responsible for obtaining permission(s). Ultimate responsibility for obtaining permission(s) and/or determining exceptions rests with the individual. College Personnel and students should be honest and show respect for others, especially in decisions and choices requiring subjective judgment.