LDS Business 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.
Use of College Trademarks
LDS Business College is the owner of all rights, title, and interest in and to all trademarks, service marks, trade names, initials, designs, logos, seals, and symbols (collectively "Marks") associated with the College and described in the Logo Trade Sheet. These Marks have been designed to visually identify LDS Business College in specific ways and in a wide variety of settings—everything from student recruitment and orientation materials to stationary and employment forms. Consistent usage of the Marks is critical to the College’s unique identity. As users of these Marks, College Personnel share the responsibility to safeguard them. Marks of the College may be used by College Personnel in authorized work activities and publications only, and must be used within the guidelines outlined in the Logo Usage Guidelines.
Students, outside companies, or other individuals wishing to use the College trademarks, including the name or logos of the LDS Business College must obtain a license. Licensing protects the institution’s names, reputation, and image by permitting only appropriate uses and assuring that only quality products are associated with the institution. To obtain a license, please contact the Graphics Communication Specialist.
Using the Trademarks of Others
All College Personnel and students are expected to make a good faith effort to respect the rights of trademark owners by the exercise of the following principles:
- 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.
- 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:
- Use in connection with comparative advertising;
- Parody, criticism, or commentary with respect to the trademark owner or the goods or services of the trademark owner;
- News reporting or news commentary; or
- Some situations of incidental, non-commercial use of a mark. See 15 U. S. C. § 1125(c) (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.
- 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.