DU-Lawyer Summer 2014-FINAL[1]

Marking Higher EducationJacob H. Rooksby, Assistant Professor of LawWhat’s in a trademark? To many people in higher education,mention of the term—which denotes the legal protectionafforded words or other devices that identify a good’s or service’ssource—leads to bewildered looks. “You mean the designs onshirts sold in the bookstore?”Trademarks in higher education encompass institutionalnames, logos and insignias, the iconography that fans love tosee featured on all kinds of merchandise. Institutions licensetheir marks on these products, often relying on third partiesto broker deals that can produce significant royalties. This$4.6-billion industry appears to be good for colleges, whichexploit the revenue channel to make up for losses elsewherein their operations.The problem is that with success comes temptation.Colleges increasingly seek trademark protection for marks thatgo beyond their names and athletics insignia to coverfundamental aspects of their education and research programsas well. Some of these marks, and the exclusive rights theyrepresent, threaten to undermine the public-serving soul ofnonprofit higher education.Take the common practice of advertising the “first-yearexperience” at an institution. Student affairs professionalsbeware: The University of South Carolina has a federal trademarkregistration for that term as used in relation to educationalservices. Does your business school offer a “fast-track MBA”?Eastern University, in Pennsylvania, lays claim to that phrase,again for uses in connection with educational services.Should institutions encourage their students to “be thedifference” they want to see in the world? Gandhi would probablylike us to, but better hope Marquette University does not findout, as it owns a federal trademark registration for the adage (inconnection with “education services in the nature of courses atthe university level”). And while faculty researchers may studyviolence as a societal problem, they could draw unwelcomelegal attention from the University of Illinois should they usethe phrase “cure violence.” The university owns a trademarkregistration for those words, as used in relation to “promotingpublic awareness of violence as a public health epidemic.”Further examples of trademark registrations owned bycolleges include “student life” (Washington University in St.SUMMER 2014 15