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IHSA Affirmative Action Policy for Girls on Boys State Series Teams, continued
talented girl could perhaps survive — and may even surpass some boys in isolated cases. But the physical and competitive needs of the vast majority of girls could not be satisfied by joint membership of boys and girls on the same team.
18. The IHSA has cooperated fully with the Office for Civil Rights in making sure the sports season limitations and the rules and regulations governing interscholastic athletic competition for boys and girls in IHSA member schools are in compliance with Title IX of the Education Amendments of 1972.
31. Trademark Use And Royalty Policy
For purposes of this Illinois High School Association Trademark Use and Royalty Policy (this “Policy”), the term “Trademarks” shall collectively refer to all names, marks, symbols, emblems, logos, designs, trade dress, slogans, taglines and other designations utilized by the Illinois High School Association (the “IHSA”), including, without limitation, those marks listed at the end of this Policy as Exhibit A. The Trademarks are protected under applicable state and/or federal law.
1. License to IHSA Member Schools.
By virtue of membership in the IHSA, and subject to the terms of this Policy, each member school is granted a non-exclusive, non-transferable license to use the Trademarks on or in connection with printed publications, event merchandise, audio-visual productions and otherwise created and/or distributed in connection with any contests, games, meets or other event conducted by or under the auspices of the IHSA, including regional, sectional and super-sectional events (collectively, “State Series Events”). Specifically excluded from the license granted to the member schools are any state final championship events (collectively, “State Final Events”). All uses of the Trademarks pursuant to this Policy must receive the prior written approval of the IHSA.
2. Use of IHSA Licensed Vendors Only. Only IHSA-licensed vendors may be utilized to produce printed publications, event merchandise, audio-visual productions bearing the Trademarks and otherwise pursuant to this Policy. Any contract with a licensed vendor shall: (i) require full and timely compliance with this Policy, including, without limitation, timely accounting and payment of any royalties due to the IHSA, and (ii) establish any terms of the business arrangement between the member school and licensed vendor which are separate and in addition to the requirements of this Policy. Unless otherwise agreed by the IHSA, any agreements between a member school (or tournament event host) and a licensed vendor for printed publications, event merchandise, audio-visual productions and otherwise created and/or distributed in connection with any State Series Events shall be subject to the prior approval of the IHSA. No contingent or multi-year contract shall be entered into for any State Series Events.
3. State Series Events. The IHSA’s name and at least one of the Trademarks must be included on all printed publications, event merchandise, audio-visual productions and otherwise created and/or distributed in connection any State Series Events. Further, any time a member school hosts a State Series Event, the contemporary IHSA logo must be: (i) conspicuously displayed on the front cover of any program and on any other printed material produced for the State Series Event, and (ii) included on any merchandise, audio-visual productions and otherwise produced in conjunction with the State Series Event.
4. State Final Events. No member school or licensed vendor may use the Trademarks in connection with any State Final Events without the prior, written approval of the IHSA. Only IHSA-designated licensed vendors shall be allowed to create or distribute any printed publications, event merchandise, audio-visual productions and otherwise in connection with any State Final Events. Only IHSA-designated licensed vendors will be permitted to be on or around the premises of State Final Events for commercial or retail purposes.
5. Regular Season Events. At the option of each member school, the contemporary IHSA logo may be incorporated into any printed publications, event merchandise, audio-visual productions and otherwise created for regular season games—but is not required to be used. In the event a member school chooses to so utilize the contemporary IHSA logo, the member school is obligated to pay to the IHSA royalties in accordance with this Policy and such items shall only be produced by vendors licensed by the IHSA.
6. Prohibited Uses of the Trademarks. Member schools and licensed vendors may not: (i) alter the Trademarks in any way, (ii) co-brand their own products or materials with the Trademarks; or (iii) incorporate the Trademarks into their respective trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
7. Use of the Trademarks for Promotion. Member schools and licensed vendors may use Trademarks to promote the sale of IHSA-approved publications, merchandise, audio-visual productions and otherwise provided that they each follow the guidelines otherwise set forth in this Policy.
8. General Trademark Usage Considerations.
(a) The Trademarks must always be printed in capital letters with the appropriate TM or ® symbol prominently displayed; and
(b) In printed publications, ownership of any Trademark should be indicated in close proximity to Trademark usage to the
extent feasible.
EXAMPLE: When using the trademark “THE FUTURE PLAYS HERE®”, somewhere on the same page should appear the following phrase: “THE FUTURE PLAYS HERE® is a registered trademark of the Illinois High School Association.” In larger publications with multiple Trademarks utilized, instead of indicating the ownership each time a Trademark is used, it would be acceptable to include the following phrase in a prominent location in the publication: “ (INSERT) are all trademarks owned or licensed by the Illinois High School Association.”
(c) Trademarks shall be set apart from the nouns they modify. Please follow every use of a Trademark with an appropriate noun consisting of the IHSA product or service that is branded with the mark. The Trademarks are adjectives and may not be used as nouns, verbs, puns, alone as a shorthand way of identifying a product or service, or in the possessive or plural forms.
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