Page 119 - Demo

Trademark Use and Royalty Policy, Continued
Illustrations and Applications
1) Q. What Are Royalty Fees?
A. A “royalty fee” is a set amount of money paid, usually on a weekly, monthly or quarterly basis, by a user of intellectual
property (e.g., trademark, copyright, patent) or some other right (e.g., franchise rights) to use rights belonging to another. In music, a royalty fee is paid by a singer to the holder of the copyright to the song. In theater, a fee is paid to a writer or playwright for the use of a play. In sports, a royalty fee is paid to a team or league by vendors who wish to use the logos and other trademarks of the team and/or league on items produced by the vendor.
2) Q.
A. Yes. The IHSA name and at least one logo must be included on all items produced in connection with an IHSA State Series
3) Q.
Event (e.g., Panther Regional Champs or Panther Football Playoffs).
If a member school and/or its boosters create apparel (or other merchandise) to be sold or given away as an item which promotes and encourages school support and/or school spirit as the school participates in a given State Series Event, must that apparel contain the IHSA logo or other protected marks?
If a member school and/or its boosters create apparel (or other merchandise) to be sold or given away as an item which exclusively promotes and encourages school support and/or school spirit, must that apparel contain the IHSA logo or other protected marks?
A. No. Use of an IHSA trademark would not be required provided the item is school related merchandise and not associated with an IHSA State Series Event (e.g,, Panther Pride or Panther Boosters).
Q. Can these items be sold at an IHSA State Series Event? A. Yes.
4) Tournament Managers & Miscellaneous Regarding Contracts
(a) The person designated as Tournament Manager by each member school for each IHSA State Series Event being hosted by
the member school is the person responsible for entering into agreements regarding compliance with the IHSA Trademark Use and Royalty Policy.
(b) Each member school can (and should) enter into agreements with desired IHSA-licensed vendors to produce programs with ads, and/or various other merchandise items for all State Series Events hosted by the member school. Such agreements become a contractual business arrangement between the licensed vendor and the host school separate from what is provided for in the IHSA Trademark Use and Royalty Policy. Any agreements for the production of items for an IHSA State Series Event, or otherwise using the IHSA name or trademarks, shall necessarily incorporate the terms and conditions of the IHSA Trademark Use and Royalty Policy by reference. Such agreements shall also only be entered into with IHSA-licensed vendors. Please note, however, that IHSA-licensed vendors are prohibited from producing or distributing any printed publications, event merchandise, audio-visual productions or otherwise related to any State Final Events UNLESS specifically designed by the IHSA.
(c) In all instances in which the IHSA Trademark and Royalty Policy applies, the Tournament Manager must require each different licensed vendor doing business with the member school to produce for verification a valid IHSA Vendor License Agreement for the current school year. This must be done before entering into any agreement/contract for the item(s) being produced for the State Series Event being hosted by the member school.
5) Print Policy Applications
If a member school contracts with an IHSA-licensed vendor to sell ads in a program provided to the host school, the licensed vendor is responsible to pay the applicable five percent (5%) royalty fee directly to the IHSA, plus any fees due to the host school included in the separate business agreement. If a member school does not use a licensed vendor, but sells ads and produces its own program bearing the IHSA name or any IHSA trademarks, the member school itself is responsible to pay the applicable five percent (5%) royalty fee directly to the IHSA. For example, a company specializing in program production strikes a deal with the Tournament Manager to produce a program and give the Tournament Manager certain financial consideration. The company sells $5,000 worth of ads to businesses and people in the host school community and in the communities sending teams to the State Series Event. The deal is that the company sells ads in the program and keeps that money, while it provides the programs free to the host school and agrees to give the tournament manager $200. The licensed vendor is liable for five percent (5%) of the collected gross advertising revenue (in this case, $250) as royalty fee payable to the IHSA. The licensed vendor then separately pays the tournament manager the $200 because it is part of a separate agreement between the licensed vendor and the Tournament Manager. In the instant case, the Tournament Manager may sell the program and retain all the revenue generated by such sales.
Q. If an advertiser does not make payment to either the licensed vendor which produced a program or the member school which produced the program, must the producer of the program remit the appropriate royalty fee for any such unpaid ad(s) to the IHSA.
A. No, if permission is requested from the IHSA in writing by the vendor/member school within sixty (60) days following the event and granted by the IHSA. Each request will be considered on an individual basis. Yes, otherwise.
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