|The School Board of Miami-Dade County|
|Bylaws & Policies|
|Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.|
9701 - TRADEMARK LICENSING, PROTECTION, AND USE
The School Board (District) seeks to protect its reputation, interest, and the public at large, by prohibiting the unauthorized use of trademarks, images, logos, mascots, names, phrases, symbols or other indicia that are associated with the District (marks).
Many of the Board’s marks are officially registered trademarks with the United States Patent and Trademark Office and/or the Florida Department of State in order to provide notice to the public of the Board’s ownership of the mark, create a legal presumption of ownership nationwide and/or Statewide, and establish the exclusive right to use the marks on or in connection with the goods or services set forth in the registration. The Board also possesses unregistered common law rights in other marks.
Members of the public seeking to use Board marks must enter into a licensing agreement with the Board in accordance with administrative procedures developed by the Superintendent to implement this policy. The Superintendent is authorized and responsible for informing the public on how to conduct business with the Board under this policy.
License- a limited term contract between the Board and an entity or individual granted permission to use Board marks in connection with providing goods or services. A fee may be charged for licenses. All goods or services must be approved by the Board in a manner that allows it to control the nature and quality of the goods and services in accordance with the administrative procedures that implement this policy.
License Agreement- an agreement which may include royalties to the Board if a vendor proposes to provide goods or services’ using any of the Board’s marks and that provides the Board with control over the manner in which the marks are used and the nature and quality of the goods or services offered under the agreement.
District and School Non-Commercial Permitted Uses
The Board’s marks may be used as follows:
|A.||District students, student organizations, and school groups may use District marks to promote a group of students, an activity or event, a school, or the District if the use is in connection with approved school-related activities and is for non-commercial, educational purposes. No charge, prior approval, or license agreement is required under this provision for such use. This permission may be revoked if the use is improper or does not conform to this policy and the administrative procedures implementing this policy.|
|B.||School principals may provide written permission to parent organizations, community groups, school affiliated organizations, booster clubs, and other District affiliated school-support organizations, to use Board marks to promote a group of students, an activity or event, a school, or the District, if the use is in connection with approved school-related activities. While written permission is required to allow the Board to retain full right to control the manner in which the marks are used and to approve the nature and quality of any goods or services offered, no charge or fee is required under this provision for such non-commercial, educational use.|
|1.||At any time, the Principal may give written permission on the Board’s behalf for each fiscal year for these organizations to use the Board’s marks for that school. At the Principal’s discretion, this authorization may be revoked at any time if the Principal determines that the organization has failed to comply with the terms of this policy. If such a determination is made, the Principal will notify the organization in writing of the reason for the revocation. The organization may appeal the revocation to the Superintendent whose decision will be final. The appeal must be filed in writing with the Superintendent no later than five (5) business days from the date of the Principal’s letter. In the event of a revocation, the organization shall no longer be authorized to use Board marks.|
|2.||Schools and departments that contract with any individual or entity for commercial use of the Board’s marks must ensure that there is a written agreement in a form approved by Board attorney’s office that protects the Board marks from unauthorized use. Further assistance with such agreements may be provided by the Board attorney’s office upon request.|
Public and Commercial Permitted Uses- Licensing Agreements
|A.||Members of the general public, other groups not previously listed, outside organizations, vendors, commercial manufacturers, commercial entities, wholesalers, and retailers are prohibited from using Board marks without a written license agreement with the Board in accordance with this policy and the administrative procedures implementing this policy.|
|B.||Production of any merchandise with Board marks for sale or distribution is prohibited unless the vendor has a written license agreement with the Board that may be subject to the payment of royalties.|
|C.||The use of Board marks to promote a commercial entity, or which states or implies an endorsement, or approval of a product, service, or company, is prohibited unless the commercial entity has a license agreement with the Board.|
Mark(s) shall not be used in connection with the following products or in any other manner that would injure the reputation of the Board, District or any school or cause the Board to lose the ability to enforce its exclusive rights in the mark(s). Prohibited uses include, but are not limited to:
|A.||alcoholic beverages - distilled alcohol liquors, wines, beers, and malt liquors or the conveyance or distribution of these items;|
|B.||tobacco, smoking, and vapor products - all types;|
|D.||inherently dangerous products - firearms, weapons, explosives, knives, and fuels;|
|E.||obscene or disparaging products - including, but not limited to, nude photographs, caricature poster art, or designs;|
|F.||religious products or designs;|
|G.||political products or design;|
|I.||products that promote sexual conduct or contain sexually explicit materials.|
The Board has the sole right to approve or reject, in all cases, at any time, and at its sole discretion, any and all future license agreements, proposals, contracts, and/or to approve or reject any organization’s use of Board marks.
Commercial licensees shall indemnify and hold the District harmless from any claims, including those for bodily injury and intellectual property right infringement, arising out of the use or licensing of Board marks.
School Site Responsibilities
In accordance with administrative procedures implementing this policy, Principals shall:
|A.||ensure that Board marks are only used with authorization from the District and in a manner that provides the Board with control over the manner in which they are used and the goods or services that are offered in connection with the marks;|
|B.||account for all funds received by the school from license agreements or associated with the use of Board marks;|
|C.||prohibit the commercial use of any Board marks unless the commercial entity has an approved and executed license agreement; and|
|D.||report any known violations of this policy.|
|A.||Revenues generated from licensing agreements negotiated by the Principal will be shared with the District at a ratio of sixty percent (60%) to the school and forty percent (40%) to the District, with the school’s share retained for internal fund purposes.|
|B.||100% of revenues generated from licensing agreements negotiated by the District may be retained by the District or distributed equitably to schools as stipulated in the agreement.|
Any unauthorized use of Board marks, whether registered or common law is a violation of Federal and/or State law governing trademark infringement and unfair competition. Violations are subject to injunctive relief restraining further infringement, money damages including profits derived from the wrongful sale or provision of trademarked goods or services and an order requiring destruction of any such counterfeit or imitations in the offender’s possession.
The Board will take action to enforce its exclusive rights in Board marks where necessary. Employees are subject to disciplinary action for violations of this policy.
15 U.S.C. 1051 et seq.
© Miami-Dade 2016