NCAA Bylaw 12.5.4 -- Use of Logos on Uniforms and Apparel

Member institutions should note that Adidas America, Inc. (hereinafter "Adidas") recently agreed to withdraw a lawsuit it filed against the NCAA in 1998. The lawsuit related to NCAA Bylaw 12.5.4-(b) and challenged the limits established by the NCAA on the size and number of apparel company trademarks and logos that may appear on the uniforms worn by student-athletes.

No money damages were paid by the NCAA to Adidas to resolve the lawsuit. However, the NCAA (with the approval of the NCAA Division I Academics/Eligibility Compliance Cabinet Subcommittee on Legislative Review/Interpretations, the Interpretations Subcommittee of the NCAA Division II Legislation Committee and the NCAA Division III Interpretations and Legislation Committee) did agree on several new "guidelines" to be applied by the NCAA staff and member institutions when reviewing Adidas apparel items and determining when such items satisfy the requirements of Bylaw 12.5.4-(b).

The guidelines to be used when reviewing Adidas apparel items under Bylaw 12.5.4-(b) are set forth below. Questions about the resolution of the lawsuit or any of the enclosed guidelines should be directed to the NCAA membership services staff at the national office. These guidelines also may be viewed on the NCAA Web site (www.ncaa.org) in the section labeled "The Membership's Section." The Web-site version includes color drawings of apparel items to help illustrate how some of the guidelines apply.

Guidelines for Review of Adidas Apparel Items

(Guidelines 1-3 below were approved by the membership several years ago. Guidelines 4-7 are the new guidelines approved as part of the resolution of the lawsuit filed by Adidas against the NCAA.)

* No. 1: If any particular item of apparel (for example, shirt or shorts) has a base color, that base color will not be considered a stripe in determining whether the item contains design elements similar to the Adidas logo or trademark. For example, a pair of blue shorts that includes two white descending stripes with an intervening blue stripe (that is the same color of blue as the base color) would not be considered to have three stripes and, thus, would not be subject to the restrictions set forth in Bylaw 12.5.4-(b).

* No. 3: If an institution's traditional uniform includes design elements (for example, three stripes, diamonds) similar to an apparel manufacturer's logo or trademark, such elements would be excluded from the application of design restrictions set forth in Bylaw 12.5.4-(b), provided:

b. The design elements on the institution's traditional uniform are not altered in any manner subsequent to the institution's contractual agreement with the supplying apparel manufacturer or distributor.

* No. 4: Adidas may use three adjacent stripes of different colors not separated by an intervening background color, provided the three stripes are immediately adjacent to one another (that is, no intervening base or background color between the stripes similar to the Adidas trademark is permitted).

* No. 5: Adidas may use design elements other than stripes, such as circles, squares, triangles, chevrons and boomerangs, provided the circles, squares, triangles, chevrons and boomerangs are not arranged in a manner that creates the appearance of three stripes. If boomerangs or chevrons are to be used on an apparel item, the item may not contain three boomerangs or three chevrons that are "similar in width" (as defined in Guideline No. 2 above).

* No. 7: Adidas may use three stripes of differing colors (separated by an intervening base or background color) that do not run vertically down the length of a sleeve, inseam or leg of a garment, provided:

b. The actual Adidas logo/trademark appearing on the item consists of a single color that is different from the colors of the stripes appearing on the item. If the color of one of the stripes is black or white, the Adidas logo/trademark may be entirely black or white.

Institutions that have contractual arrangements with Adidas for institutional uniforms and apparel should feel free to discuss these guidelines with the company, since Adidas has been an active participant in their creation. However, institutions that purchase Adidas apparel from entities other than directly from the manufacturer should be aware that items sold through retail outlets might not be produced in a manner consistent with aforementioned guidelines.

This material was provided by the membership services staff as an aid to member institutions. Institutions may direct questions regarding this column to Damani Leech or Brad Hostetter at the NCAA national office. This information is also available on the College Sports Network.