UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT PAUL GERLICH and ERIN FURLEIGH, Plaintiffs/Appellees, No. 16-1518 vs. STEVEN LEATH, WARREN MADDEN, THOMAS HILL, and LEESHA ZIMMERMAN, PLAINTIFFS’ CONDITIONAL MOTION FOR LEAVE TO SUPPLEMENT THE RECORD Defendants/Appellants. Pursuant to Fed. R. App. P. 27, Plaintiffs hereby conditionally move for leave to supplement the record in support of their Opposition to Defendants’ Supplement to Motion to Stay. If the Court finds it necessary to consider the exhibits attached to Defendants’ Supplement in support of Defendants’ Motion to Stay, Plaintiffs’ seek leave to provide a complete and accurate record with the attached Declaration of NORML ISU’s faculty advisor Eric Cooper and all exhibits thereto, which comprise the nineteen total NORML ISU t-shirt designs approved by the ISU Trademark Office last week. 1 of 93 Appellate Case: 16-1518 Page: 1 Date Filed: 04/04/2016 Entry ID: 4384938 Respectfully submitted, By MICHAEL A. GIUDICESSI michael.giudicessi@faegrebd.com FAEGRE BAKER DANIELS LLP 801 Grand Avenue, 33rd Floor Des Moines, IA 50309-8011 Telephone: (515) 447-4701 Facsimile: (515) 248-9010 /s/ Robert Corn-Revere ROBERT CORN-REVERE bobcornrevere@dwt.com RONALD G. LONDON ronnielondon@dwt.com LISA B. ZYCHERMAN lisazycherman@dwt.com DAVIS WRIGHT TREMAINE LLP 1919 Pennsylvania Avenue, NW, Suite 800 Washington, DC 20006 Telephone: (202) 973-4200 Facsimile: (202) 973-4499 Attorneys for Plaintiffs/Appellees Paul Gerlich and Erin Furleigh 2 Appellate Case: 16-1518 Page: 2 Date Filed: 04/04/2016 Entry ID: 4384938 2 of 93 Certificate of Service The undersigned hereby certifies that a true copy of the Plaintiffs’ Conditional Motion for Leave to Supplement the Record, Declaration of Eric Cooper, and all exhibits thereto were served upon the Defendants through the Court’s CM/ECF filing system on the 4th day of April 2016. /s/ Robert Corn-Revere Robert Corn-Revere Copy to: Thomas J. Miller Tyler M. Smith tyler.smith@iowa.gov George A. Carroll george.carroll@iowa.gov Attorneys for Defendants/Appellants 3 of 93 Appellate Case: 16-1518 Page: 3 Date Filed: 04/04/2016 Entry ID: 4384938 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT PAUL GERLICH and ERIN It FURLEIGH, Plaintiffs/Appellees, No. 16-1518 DECLARATION OF ERIC COOPER STEVEN LEATH, WARREN MADDEN, THOMAS HILL, and LEESHA ZIMMERMAN, Defendants/Appellants. ERIC COOPER declares as follows: 1. I am an Associate Professor in the Department of at Iowa State University. I also serve as a faculty advisor for the Iowa State University chapter of the National Organization for the Reform of Marijuana Laws 2. This winter, NORML ISU held a contest to design a new NORML ISU t-shirt. The instructions for the contest were that the shirt design must contain at least one cannabis leaf and had to include the full name of the organization. Further, the shirt had to promote legal reform rather than drug use (so drug paraphernalia was prohibited). 3. On March 30, 2016, a student member of NORML ISU, Brian Kennedy, submitted almost all of the contest entries, nineteen total, to the ISU Trademark Of?ce for approval. Date Filed: 04/04/2016 Entry ID: 4384938 Appellate Case: 16-1518 Page: 1 4of 93 4. The ISU Trademark Of?ce approved all of NORML nineteen t-shirt design submissions. As a faculty advisor to NORML ISU, I received an automated email noti?cation regarding the approvals from the ISU Trademark Of?ce. 5. True and correct copies the nineteen Trademark Of?ce approvals and the related t?shirt designs are attached hereto as Exhibits A-S. I declare under penalty of perjury that the foregoing is true and correct. Executed this 4th day of April, 2016, in Ames, Iowa. L. 1" I If - v?z??l wt L. x. Eric Coolie-r"- 5 of 93 Appellate Case: 16-1518 Page: 2 Date Filed: 04/04/2016 Entry ID: 4384938 EXHIBIT A 6 of 93 Appellate Case: 16-1518 Page: 3 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 2:28 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, red shirt with yellow and green ink) is royalty bearing. > >Comments: Add a ® (CircleR) after the Iowa State University mark on >the back of the design. > >Also, on the back design, we suggest that you change "The Iowa State >University Chapter of" to "Iowa State University Student Chapter" and >remove the "Student Chapter" after "The National Organization for the >Reform of Marijuana Laws". > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11348/front 2 >.jp >g > >Design 2: >http://apps.trademark.iastate.edu/forms/internaluse/data/11348/back 3 . >jpg > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, 1 Appellate Case: 16-1518 Page: 4 Date Filed: 04/04/2016 Entry ID: 4384938 7 of 93 >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 5 Date Filed: 04/04/2016 Entry ID: 4384938 8 of 93 What do you call money that grows 0.. 2 2 V. The "Ma sme University chem to? 10 of 93 EXHIBIT 11 of 93 Appellate Case: 16-1518 Page: 8 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 2:33 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, red shirt with yellow and green ink) is royalty bearing. > >Comments: Add a ® (CircleR) after the ISU on design 1 and on design 2, >add a R (CircleR) after the Iowa State mark. > >Also, we suggest you change "The Iowa State Chapter of the National >Organization for the Reform of Marijuana Laws Student Chapter" to "The >Iowa State Student Chapter of the National Organization for the Reform >of Marijuana Laws". > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11349/e. coope >r_f >ront_of_shirt.jpg > >Design 2: >http://apps.trademark.iastate.edu/forms/internaluse/data/11349/e. coope >r_b >ack_of_shirt.jpg > >PLEASE NOTE: The guidelines for University trademark use by student and 1 Appellate Case: 16-1518 Page: 9 Date Filed: 04/04/2016 Entry ID: 4384938 12 of 93 >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 10 Date Filed: 04/04/2016 Entry ID: 4384938 13 of 93 M?w ?3r "5w A university that violates the First Amendment has forgotten its purpose >72? 4 449 v' r: The Iowa State Chapter of the National Organization for the Reform of Marijuana Laws Student Chapter EXHIBIT 16 of 93 Appellate Case: 16-1518 Page: 13 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 2:23 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved. > >Comments: There are no university trademarks in this design. It does >not need to be submitted to the Trademark Office. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11347/untitled-2. >jpg > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 1 Appellate Case: 16-1518 Page: 14 Date Filed: 04/04/2016 Entry ID: 4384938 17 of 93 TH NATIONAL ORGANIZATION MARIJUANA LAWS STUDENT CHAPTER l. 18 of 93 Appellate Case: 16-1518 Page: 15 Date Filed: 04/04/2016 Entry ID: 4384938 EXHIBIT 19 of 93 Appellate Case: 16-1518 Page: 16 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 2:22 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved. > >Comments: There are not university trademarks in this design. It does >not need to be reviewed by the Trademark Office. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11346/unnamed. >jpg > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 1 Appellate Case: 16-1518 Page: 17 Date Filed: 04/04/2016 Entry ID: 4384938 20 of 93 rggk?a - Mum?: EXHIBIT 22 of 93 Appellate Case: 16-1518 Page: 19 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 2:20 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, red shirt with gold red and green ink) is royalty bearing. > >Comments: The word "State" cannot be removed from the "I". You must >use the I State mark as designed. Add a ® (CircleR) by the I State >mark, should you choose to use it and add a ® (CircleR) by the ISU mark. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11345/norml-is >u-f >ront.jpg > >Design 2: >http://apps.trademark.iastate.edu/forms/internaluse/data/11345/norml-is >u-b >ack.jpg > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student 1 Appellate Case: 16-1518 Page: 20 Date Filed: 04/04/2016 Entry ID: 4384938 23 of 93 >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 21 Date Filed: 04/04/2016 Entry ID: 4384938 24 of 93 25 of 93 26 of 93 Appellate Case: 16-1518 Page: 23 Date Filed: 04/04/2016 Entry ID: 4384938 EXHIBIT 27 of 93 Appellate Case: 16-1518 Page: 24 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 2:14 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, white shirt with red black yellow and green ink) is >royalty bearing. > >Comments: We do not allow color changes within the graphic marks. >Change the color black used in the Full Body Mascot graphic to cardinal >Pantone 202, following the art file. Add a ® (CircleR) by this mark >as well as add a ® (CircleR) after the Iowa State mark. > >In addition, the Trademark Office believes that this design violates >the following sections of the design standards in the student use >guidelines, specifically 6.d and 6.e). However, because of Judge >Gritzner's injunction, it is approved with the above changes. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11344/isu norm >l_t >ee1.jpg > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how 1 Appellate Case: 16-1518 Page: 25 Date Filed: 04/04/2016 Entry ID: 4384938 28 of 93 >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 26 Date Filed: 04/04/2016 Entry ID: 4384938 29 of 93 UWA STATE v} Malian-l Mun-n of Marijuana (hapler ellate Case: 16-1518 Page: 27 Date Filed: 04/04/2016 Entry ID: 43849 EXHIBIT 31 of 93 Appellate Case: 16-1518 Page: 28 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 2:05 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved. > >Comments: There are no university marked used in this design. It does >not need trademark review. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11343/tee back >.jp >g > >Design 2: >http://apps.trademark.iastate.edu/forms/internaluse/data/11343/tee fron >t.j >pg > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office 1 Appellate Case: 16-1518 Page: 29 Date Filed: 04/04/2016 Entry ID: 4384938 32 of 93 >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 30 Date Filed: 04/04/2016 Entry ID: 4384938 33 of 93 34 of 93 ase: 16-1518 Page: 31 Date Filed: 04/04/2016_ Entry 35 0f 93 .A'ppellate Cir 16-1518 Page: 32 Date Filed: 04/04/2016 EXHIBIT 36 of 93 Appellate Case: 16-1518 Page: 33 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 2:02 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, white shirt with green and black ink) is royalty bearing. > >Comments: Add the vintage stamp by Leaning Cy using the ® (CircleR) >and add ®'s (CircleR) by the ISU marks on the front and back design. > >In addition, the Trademark Office believes that this design violates >the following sections of the design standards in the student use >guidelines, specifically 6.d and 6.e. However, because of Judge >Gritzner's injunction, it is approved with the above changes. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11341/normal t >_sh >irt.jpg > >Design 2: >http://apps.trademark.iastate.edu/forms/internaluse/data/11341/my norml >_ba >ck.jpg > >PLEASE NOTE: The guidelines for University trademark use by student and 1 Appellate Case: 16-1518 Page: 34 Date Filed: 04/04/2016 Entry ID: 4384938 37 of 93 >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 35 Date Filed: 04/04/2016 Entry ID: 4384938 38 of 93 Front Appellate Case: 16-1518 Page: 36 Date Filed: 04/04/2016 Entry ID: 4384938 Back Appellate Case: 16-1518 Page: 04/04/2016 Entry ID: 4384938 EXHIBIT I 41 of 93 Appellate Case: 16-1518 Page: 38 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 2:04 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, green shirt with black ink) is royalty bearing. > >Comments: Be sure the notice by the Head Only Mascot graphic is the ® >(CircleR) on the front design. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11342/front 1 >.jp >g > >Design 2: >http://apps.trademark.iastate.edu/forms/internaluse/data/11342/back 2 . >jpg > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > 1 Appellate Case: 16-1518 Page: 39 Date Filed: 04/04/2016 Entry ID: 4384938 42 of 93 >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 40 Date Filed: 04/04/2016 Entry ID: 4384938 43 of 93 44 of 93 Appellate Case: 16-1518 Page: 41 Date Filed: 04/04/2016 Entry ID: 4384938 ET .. murdering I. apti?ns Appellate Case: 16-1518 Page: 42 Date Filed: 04/04/2016 Entry ID: 4384938 EXHIBIT 46 of 93 Appellate Case: 16-1518 Page: 43 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 1:50 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, Grey shirt with green ink) is royalty bearing. > >Comments: On front design, please add spacing between the Iowa State >University trademark and the NORML mark so Iowa State University does >not appear attached to NORML. Add a ® (CircleR) after Iowa State >University and add Student Chapter underneath. > >Also need a ® (CircleR) after the ISU mark on the back design. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11340/front.jp >g > >Design 2: >http://apps.trademark.iastate.edu/forms/internaluse/data/11340/back.jpg > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student 1 Appellate Case: 16-1518 Page: 44 Date Filed: 04/04/2016 Entry ID: 4384938 47 of 93 >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 45 Date Filed: 04/04/2016 Entry ID: 4384938 48 of 93 Appellate Case: 16-1518 Page:46 Date Filed: 04/04/2016 Entry ID: 4384938 49 of 93 Appellate Case: 16-1518 Page:.1- Date Filed: 04/04/2016 Entry ID: 4384938 50 of 93 EXHIBIT 51 of 93 Appellate Case: 16-1518 Page: 48 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 1:43 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, yellow shirt with black green white ink or black shirt >with yellow green and white ink) is royalty bearing. > >Comments: On proposal three, add a ® (CircleR) by the ISU mark. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11339/norml ts >hir >t_proposal.pdf > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University 1 Appellate Case: 16-1518 Page: 49 Date Filed: 04/04/2016 Entry ID: 4384938 52 of 93 >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 50 Date Filed: 04/04/2016 Entry ID: 4384938 53 of 93 – 54 of 93 Appellate Case: 16-1518 Page: 51 Date Filed: 04/04/2016 Entry ID: 4384938 EXHIBIT 55 of 93 Appellate Case: 16-1518 Page: 52 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 1:43 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, white shirt with green red and blue ink.) is royalty >bearing. > >Comments: Add a ® (CircleR) by the ISU mark > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11337/normlcon >tes >t.jpg > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University 1 Appellate Case: 16-1518 Page: 53 Date Filed: 04/04/2016 Entry ID: 4384938 56 of 93 >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 54 Date Filed: 04/04/2016 Entry ID: 4384938 57 of 93 58 of 93 Appellate Case: 16-1518 Page: 55 Date Filed: 04/04/2016 Entry ID: 4384938 EXHIBIT 59 of 93 Appellate Case: 16-1518 Page: 56 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 1:42 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, grey shirt with red and green ink) is royalty bearing. > >Comments: Add a ® (CircleR) by the ISU mark on the back design. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11336/norml ts >hir >t.pdf > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall 60 of 93 Appellate Case: 16-1518 Page: 57 Date Filed: 04/04/2016 Entry ID: 4384938 >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 58 Date Filed: 04/04/2016 Entry ID: 4384938 61 of 93 Appellate Case: 16-1518 Page: 59 Date Filed: 04/04/2016 Entry ID: 4384938 EXHIBIT 63 of 93 Appellate Case: 16-1518 Page: 60 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 1:28 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, black shirt with white green yellow and red ink.) is >royalty bearing. > >Comments: Add ® (CircleR) after the Iowa State mark. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11333/fronttsh >irt >.jpg > >Design 2: >http://apps.trademark.iastate.edu/forms/internaluse/data/11333/tshirtback. >jpg > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > 1 Appellate Case: 16-1518 Page: 61 Date Filed: 04/04/2016 Entry ID: 4384938 64 of 93 >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 62 Date Filed: 04/04/2016 Entry ID: 4384938 65 of 93 66 of 93 Appellate Case: 16-1518 Page: 63 Date Filed: 04/04/2016 Entry ID: 4384938 The N?li?ll?l organization Reiorm 0i M?l?iill?llAppellate Case: 16-1518 Page: 64 Date Filed: 04/04/2016 Entry ID: 4384938 EXHIBIT 0 68 of 93 Appellate Case: 16-1518 Page: 65 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 1:39 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, white shirt with green and red ink) is royalty bearing. > >Comments: On the back design, please change the language in the banner >from black to cardinal or green (or any other color) as we do not >approve the use of black and gold color combinations as these are the >University of Iowa's colors. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11334/norml is >u_t >-shirt_design.pdf > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ 1 Appellate Case: 16-1518 Page: 66 Date Filed: 04/04/2016 Entry ID: 4384938 69 of 93 >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 67 Date Filed: 04/04/2016 Entry ID: 4384938 70 of 93 back mm? Organization for the 4K $3 ?vx?ana Laws Student ?Wyn a 72 of 93 Appellate Case: 16-1518 Page: 69 Date Filed: 04/04/2016 Entry ID: 4384938 front colors used Appellate Case: 16-1518 Page: 70 Date Filed: 04/04/2016 Entry ID: 4384938 73 of 93 EXHIBIT 74 of 93 Appellate Case: 16-1518 Page: 71 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 1:18 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, white shirt with green red and yellow ink) is royalty >bearing. > >Comments: Add ® (CircleR) after the ISU mark and on the back design >add Student Chapter. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11332/normltsh >irt >contest.pdf > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office 1 Appellate Case: 16-1518 Page: 72 Date Filed: 04/04/2016 Entry ID: 4384938 75 of 93 >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 73 Date Filed: 04/04/2016 Entry ID: 4384938 76 of 93 Legislation l: Reform 9/ IATIOIALORGANIZATION Normal I: The 77 of 93 Appellate Case: 16-1518 Page: 74 Date Filed: 04/04/2016 Entry ID: 4384938 EXHIBIT 78 of 93 Appellate Case: 16-1518 Page: 75 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/23/16, 1:04 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved. > >The order (100, Red shirt with yellow and green print) is royalty bearing. > >Comments: Royalties are required per the way in which you have >submitted the use and costs. If you opt to sell to your membership any >shirts at cost ($7) or give away shirts, we will exempt that number. >You will just need to let us know how many. We cannot waive the >royalty for shirts sold above cost or for fundraising purposes. The >licensee is responsible for the royalty payment per their contract. >The organization does not pay anything direct to the university. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11253/20160322 >_15 >5936_resized.jpg > >Design 2: >http://apps.trademark.iastate.edu/forms/internaluse/data/11253/20160322 >_16 >0533_resized.jpg > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how 1 Appellate Case: 16-1518 Page: 76 Date Filed: 04/04/2016 Entry ID: 4384938 79 of 93 >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 77 Date Filed: 04/04/2016 Entry ID: 4384938 80 of 93 .3) . ?i ?3 v, 7- win? .. I I ?n Appellate Case: 16-1518 Page:78 Date Filed: 04/04/2016 Entry ID: 4384938 I Hum,? 1' Il ,m 0' (EXHIBIT 83 of 93 Appellate Case: 16-1518 Page: 80 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/30/16, 1:15 PM, "trademark@iastate.edu" wrote: >The person listed above is placing an order for custom Iowa State >merchandise and submitted the artwork and order information to the >Trademark Licensing Office for approval. You are receiving a copy of >the reviewed submission because you were listed as the Student >Organization Advisor. No response is necessary. Results of the review >are listed below, please contact Brian Kennedy or the Trademark >Licensing Office with questions. > >The submitted artwork is approved provided certain changes are made. >Please >see comments below. Resubmission is not necessary. > >The order (50, White shirt with black and green ink.) is royalty bearing. > >Comments: Add ® (CircleR) after the ISU mark. > >Design: >http://apps.trademark.iastate.edu/forms/internaluse/data/11331/norml.pd >f > >PLEASE NOTE: The guidelines for University trademark use by student and >campus organizations have been revised. Under the revised guidelines, >an important factor that will be considered for reviews will be how >your organization is recognized with the University based on the >Student Organization Recognition Policy (SORP) set by the Student >Activities Center. (http://policy.iastate.edu/policy/sorp/#StudentOrg) > >Thank you. >______________________ >Trademark Licensing Office >Iowa State University >1350 Beardshear Hall >Ames, IA 50011-2038 1 Appellate Case: 16-1518 Page: 81 Date Filed: 04/04/2016 Entry ID: 4384938 84 of 93 >Phone: 515 294-4402 >Fax: 515 294-8926 >trademark@iastate.edu 2 Appellate Case: 16-1518 Page: 82 Date Filed: 04/04/2016 Entry ID: 4384938 85 of 93 ?:lt:lululnlulz? IIORITIL for LEGALIZATION 2016 Make America GREEN Again! 86 of 93 1e Case: 16-1518 Page: 83 Date Filed: 04/04/2016 Entry ID: 43 ISU The National Organization for the Reform of Marijuana Laws Student Chapter 87 of 93 Appellate Case: 16-1518 Page: 84 Date Filed: 04/04/2016 Entry ID: 4384938 for LEGAUZATION 2016 Make Amenca GREEN Again! 88 of 93 Appellate Case: 16-1518 Page: 85 Date Filed: 04/04/2016 Entry ID: 4384938 EXHIBIT 89 of 93 Appellate Case: 16-1518 Page: 86 Date Filed: 04/04/2016 Entry ID: 4384938 On 3/31/16, 2:53 PM, "Cooper, Eric E [PSYCH]" wrote: > > >On 3/30/16, 1:40 PM, "trademark@iastate.edu" >wrote: >>The person listed above is placing an order for custom Iowa State >>merchandise and submitted the artwork and order information to the >>Trademark Licensing Office for approval. You are receiving a copy of >>the reviewed submission because you were listed as the Student >>Organization Advisor. No response is necessary. Results of the review >>are listed below, please contact Brian Kennedy or the Trademark >>Licensing Office with questions. >> >>The submitted artwork is approved provided certain changes are made. >>Please >>see comments below. Resubmission is not necessary. >> >>The order (50, white shirt with black ink) is royalty bearing. >> >>Comments: Add the "vintage stamp" with a ® (CircleR) by the vintage >>Pennant Cy mark. >> >>Design: >>http://apps.trademark.iastate.edu/forms/internaluse/data/11335/img 201 >>603 >>1 >>0_010213890.jpg >> >>Design 2: >>http://apps.trademark.iastate.edu/forms/internaluse/data/11335/img 201 >>603 >>1 >>0_010201461.jpg 1 Appellate Case: 16-1518 Page: 87 Date Filed: 04/04/2016 Entry ID: 4384938 90 of 93 >> >>PLEASE NOTE: The guidelines for University trademark use by student >>and campus organizations have been revised. Under the revised >>guidelines, an important factor that will be considered for reviews >>will be how your organization is recognized with the University based >>on the Student Organization Recognition Policy (SORP) set by the >>Student Activities Center. >>(http://policy.iastate.edu/policy/sorp/#StudentOrg) >> >>Thank you. >>______________________ >>Trademark Licensing Office >>Iowa State University >>1350 Beardshear Hall >>Ames, IA 50011-2038 >>Phone: 515 294-4402 >>Fax: 515 294-8926 >>trademark@iastate.edu > 2 Appellate Case: 16-1518 Page: 88 Date Filed: 04/04/2016 Entry ID: 4384938 91 of 93