University at Buffalo (UB)
There are three approaches to allowing University Intellectual Property (IP) to be used within the Student-Athlete (“SA”) NIL space. All usages of University IP must follow institutional brand standards, the University's "Name, Image, and Likeness Activities Policy," and receive pre-authorization from the Trademarks and Licensing Office within the Division of University Communications.
SA engaging with outside sponsors using only the SA’s own NIL with NO mention of the University or use of UB IP. The SA is permitted to use a statement of fact to confirm their identity, attendance, and athletic participation at UB. They may also identify the sport and position they play. Usage must comply with the Trademarks and Licensing Policy and associated guidance document.
When an SA identifies themselves as a UB student or as an SA in a particular sport in the course of an endorsement or testimonial, SA will need to include disclaimer language. The disclaimer is used to confirm that while the SA is affiliated with the University, their endorsement or testimonial is not the viewpoint nor opinion of the University.
Example disclaimers include:
To identify themselves, an SA may use the following University IP (as text or spoken word). No marks or logos are allowed:
They may NOT use the following University IP (this list is not exhaustive):
The SA will be able to use a set of UB IP for use on their own products, and/or self-promotion.
All usages of University IP must follow institutional brand guidelines, the University's "Name, Image, and Likeness Activities Policy," and receive pre-authorization from the Trademarks and Licensing office within the Division of University Communications.
The SA would be allowed to use IP allowable in Category 1 and additionally the following IP:
They may NOT use the following University IP (this list is not exhaustive):
All usage of IP must follow University brand and trademark standards. These include but are not limited to:
The NIL policy and guidance applies to usage strictly of the SA NIL and does not extend to brands developed, created or affiliated with the SA. If the SA has created, developed or is affiliated with a brand that wishes to co-brand with UB, a separate agreement between the University and said brand must be put in place and would follow the typical process and market rates that any external third party would encounter in establishing a relationship with the University.
When posting on social media as part of co-branded NIL activities—which includes selling (whether for profit or not) anything—the SA may not tag, mention or hashtag any University accounts. They may however use University IP within photos, videos or designed stills provided they adhere to University brand and trademark standards.
When using social media to post a personal prideful post unrelated to NIL activity the SA may mention, tag or hashtag the University in posts. In these cases, the SA would follow all rules that a non-student athlete must follow.
When posting on social media as part of co-branded NIL activities—which includes selling (whether for profit or not) anything—the SA may not tag, mention or hashtag any University accounts. They may however use University IP within photos, videos or designed stills provided they adhere to University brand and trademark standards.
When using social media to post a personal prideful post unrelated to NIL activity the SA may mention, tag or hashtag the University in posts. In these cases, the SA would follow all rules that a non-student athlete must follow.
The SA would be able to enter into a NIL contract with an outside entity who also holds a sponsorship agreement with the University. In order to use any University IP, the sponsorship agreement between the University and the outside entity must include the use of University IP. Use of University IP would be dictated by the sponsorship agreement with the outside sponsor while the NIL agreement would address contractual obligations for the SA.
All usages of University IP must follow brand standards and trademark guidelines, the University's "Name, Image, and Likeness Activities Policy," and receive pre-authorization from the Trademarks and Licensing office within the Division of University Communications.
Other than being able to factually identify themselves as a University SA, the SA should not mention, tag or hashtag any University accounts in posts about the third-party entity.
The sponsorship agreement between UB and the third-party entity will dictate what posts/mentions/tags are made by the University and what posts/mentions/tags are allowed by the entity.
A collegiate licensed vendor must be used for all branded products including retail, fundraisers, or giveaways. If you are unsure if a vendor is licensed, please confirm with UB's Trademarks and Licensing Office.
Questions? Contact Cynthia Todd, Director of Trademarks and Licensing at UBTrademarks@buffalo.edu or 716-645-4585.