The License Agreement contained in DFII-E is to be used by the District whenever anyone other than administrators, staff, faculty, or students of the District use or propose to use trademarks or service marks of the District. That License Agreement sets forth requirements that are part of the Board’s policy on use of its trademarks and service marks.

A "trademark" is any word, name, symbol, or device or any combination of those adopted and used by a person to identify goods made or sold by that person, and to distinguish them from goods made or sold by others. A trademark is usually affixed to the goods which are sold or otherwise distributed. A "service mark" is a mark used in the sale or advertising of services to identify the services of one (1) person and distinguish them from the services of others and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of advertising used in commerce.

A mark is intended to guarantee the genuineness of a product or service and to protect the interests of the owner in the goodwill that has been crated by preventing other merchandisers or producers from infringing upon that goodwill. The owner of a mark has two (2) rights: (1) the exclusive right to use a particular mark, and to be protected in that use from competition by others who attempt to use it; and (2) the right to protection from unfair competition and to protect the public from imposition and deception. The superior rights belong to the one who first actually adopts and uses the mark in connection with a business or service or product over one who may subsequently use or attempt to register it.

The District uses its trademarks and service marks in association with its educational and athletic programs. Since it has been doing this for many years, the District has superior rights to others’ uses of many marks. With this in mind, the District is willing to allow others to use its trademarks and service marks, but only with the permission of the Board and subject to certain restrictions that preserve the Board’s rights in the marks.

The attached agreement is a form, with certain business terms to be determined, and requires the signature of the licensee as well as District officials. The agreement calls for a designation of royalties. It protects the District’s rights in its marks by restricting the licensee’s use of the marks in various ways. For example, the licensee may not use the marks in a way that harms the good will of the District or its programs. The licensee also must use the symbols (the "TM," "SM" or the encircled "R") as designated by the District, as this puts the public on notice that the District claims trademark rights in the marks. In addition, the merchandise with which the marks are associated must be of high quality. All of these requirements protect the trademark and service mark rights of the District just as the requirements for use of other District property protect that property.