Information release by the Boerne ISD

Subject:  School logos and names

Introduction:

There has been a good deal of confusion circulating about the protection and use of Boerne ISD school logos and names.  The following is designed to help.

Questions and answers:

1. What is the history behind the use and protection of school logos and names?  Answer:  Until the year 2006 there was little if any legal protection afforded to the school logos and names, specifically those of the high school.  The District faced many situations where commercial vendors and businesses, large and small, sold merchandise containing school logos and names without accounting to the District for their use.  In early 2006, the District began the process of securing legal protections (copyrights, trademarks, etc.) for the high school logos and names.  That process continues to the present. 
2. What is the desired purpose of controlling and protecting the school logos and names?  Answer:  The purpose was and is to bring order and consistency to two areas – 1) use of the logos by students, faculty, clubs, and organizations; and 2) the commercial use of the school logos and names in those situations where the District did not benefit financially.
3. How did the process of protecting the high school logos and names affect the use of them by students, faculty, clubs, and organizations?  Answer:  In July of 2006, the District posted policies and procedures regarding the use of school logos on its website.  Students, faculty, clubs and organizations can make application to use the logos without charge so long as the use is in furtherance of the school’s business or a school activity.  For example, the chess club could ask for permission to create t-shirts containing one of the official high school logos.  So long as it is in furtherance of the school’s business (in this case, the chess club), they can use the logo free of charge.  This opportunity allows the students to raise money for a particular endeavor.  Relevant to this particular section are the following questions and answers that have appeared and remain on the District’s website since July of 2006:
1. 3.  May students and student organizations use the school names and logos and if so, do they need permission to do so?  Yes, students and student organizations may use the school names and logos so long as their use is in furtherance of school related business or activity.  Yes, they will need to obtain permission…
2. 4.  Will students and student organizations be charged a fee for the use of school names and logos?  No.
3. 7.  Will PTOs, booster clubs, Ag clubs and other school related support organizations be required to obtain permission before using school names and logos and if so, will they be charged a fee?  Yes, they will need to obtain permission in writing from the Logo Committee.  No, they will not be charged a fee so long as their use is in furtherance of a school related business or activity. 
4. A former volunteer for the Athletic Booster Club came to have a contract to market the high school logos.  How did this come about?  Answer:  In the spring of 2008 a one year trial merchandising contract was given to a former volunteer who previously organized and helped the Athletic Booster Club with merchandise sales free of charge. At a meeting involving the District’s business office and other personnel, it was determined that there was no statutory mandate that this arrangement be bid. The District gave notice on February 25, 2009 that the contract would be subject to a bidding process for the 2009/2010 school year. 
5. Is this contract arrangement going to be put out for bid and if so, when will it be done and who can bid?  Answer:  The bidding process began during the week of April 10 and anyone can bid.  The bidding process will be open during the month of April and an official notice is published in the Boerne Star.  Additional information about the bidding process can be obtained from Karen Chesky in the Boerne ISD Business Office. 
6. Who will review and make a decision about the bids?  Will the Athletic Director be involved in determining who is awarded the bid?  Answer:  The plans are to have an employee from the business office and the two high school principals make a recommendation as to who should be awarded the bid.  The Athletic Director will not play any role in reviewing or awarding the bid. 
7. OK, give me some examples that will help me understand how all of this will work should a successful bidder be given the rights to market logo related merchandise for the District.  Answers:
1. Example 1 – Walmart wants to sell merchandise that contains the official high school logos.  In years past, they and other commercial businesses were unrestricted and the District never benefited from their sales.  Walmart and other commercial businesses and vendors will have to deal with the District’s approved merchandiser (the successful bidder). 
2. Example 2 – As a parent, I am part of the booster club or organization that supports the high school tennis team.  Other parents and I in the organization want to help raise money to buy some extra equipment for the tennis facilities.  We want to create and sell t-shirts with one of the protected logos.  What are we allowed to do?  First, just ask for permission to use the logo.  Second, establish that it is in furtherance of the school’s business or a school sponsored activity (which it is since it is for the tennis team).  Permission will be granted and the organization or the students will not have to pay a fee for the use of the logo.  Third, check with the team coach and the campus office to make sure that what you are doing is acceptable to the school (for example, the District would not want t-shirts that have inappropriate slogans on them and the District’s Facilities Department would want to be consulted if any alterations to facilities are proposed).  Fourth, check with the appropriate District department including the Business Office to make sure that you comply with any fundraising procedures and policies that apply.  Fifth, make sure that all of the money raised goes to the students and/or the project.  Sixth, remember to follow and comply with state sales tax laws. 
3. Example 3 – I am the tennis parent referenced in Example 2 above.  Our organization has received permission to use one of the logos on t-shirts that we will create.  Do I have to buy the t-shirts through the District’s approved merchandiser to do so?  No, you do not.  You are free to get the t-shirts made wherever you choose.  However, we would encourage anyone in this situation to go through the District’s approved merchandiser as that will benefit the District and that person may be able to get you a better price. 
4. Example 4 – I am the tennis parent referenced in Example 2 above.  Instead of requesting permission to use an official logo, our organization wants to create a t-shirt containing a clip art symbol that is similar to the official high school logo.  Can we do that?  Yes, you can.  Clip art is not afforded any legal protections and can be used in the public setting without restriction.  Obviously however, the use of clip art does not financially benefit the District.  The District would simply urge caution in this area so that clip art symbols do not come to have a presence that is dominant over the official logos.  Again, you will still need to clear this and every project with the appropriate teacher, coach, and campus office.  Don’t forget to check with the Business Office about any fundraising procedures and policies that may apply. 
8. Where does the money go that is generated as revenue for the District through the District’s approved merchandiser (the approved bidder)?  Answer:  It goes into the appropriate campus activity accounts – for example, the Athletic Department’s activity account.   
9. I have heard that the District sold all of the legal rights to the high school logos and names to the person who had the merchandising contract this past year.  Is that true?  Answer:  The District has never sold these rights and has no intention of doing so.