Q: What is the current licensing structure of our organization?
A: Alexander Baretich and the Cascadian Flag Cooperative Inc maintain an active copyright on the Cascadian Bioregional Flag. The Department of Bioregion, a 501(c)3 nonprofit organization holds an exclusive use, non-transferable commercial license, and has the legal authority to administer, register and renew or reject sublicenses and the trademarks for the Cascadian Flag Cooperative, Inc, and which is defended by our legal team.
The Cascadian Bioregional Flag is available for noncommercial personal use with attribution. For any commercial use, permission must be received.
Q: What fees are associated with becoming a licensed reseller?
A: The application to become an approved reseller of Cascadian merchandise from our Cascadia Store Wholesale is free. There are no royalties applied.
Q: What fees are associated with becoming a licensed vendor?
A: The application fee is $75 and the royalty rate is 10% of sales. In addition, you must agree to quality terms, report product information, and report your sales annually. There is an annual renewal fee of $20.
Q: Who needs to become licensed?
A: Any group or individual that wish to trade on the goodwill associated with the Cascadian Bioregional Flag, Department of Bioregion, or the Cascadia Movement and benefit commercially from utilization of those marks and copyrights must become licensed in order to do so. A vendor is not required to become licensed in order to resell products produced by a licensed manufacturer, so long as they do not further embellish the product or expand on the use of the insignia.
Q: How does licensing benefit the Cascadia Movement?
A: Licensing benefits our members because it is the best way to ensure that members receive quality products and services that adhere to bioregional and Cascadian standards and positively represent the values of our movement. We defend the flag against white supremacist co-option, anti-defamation, and companies blatantly trying to pirate or rip off the Cascadia flag. Additionally, royalties collected ultimately benefit members in the long run because they support educational programming, and our legal defense fund.
Q: What is the cost to apply for, and maintain, a license?
A: There is a $20 non-refundable application fee. The royalty is 10% of gross sales and a $20 annual renewal fee.
Q: Does the Cascadia Flag LDF require a royalty advance or minimum?
A: No, there are no royalty advances or minimums.
Q: What information needs to be provided in royalty reports?
A: Royalty reports must contain transaction detail including product description, quantity, price per unit, and gross sales total.
Q: How can royalty reports and payments be submitted?
A: Royalty reports can be uploaded to our Vendor gateway. While most file types are accepted, the most common are PDF or Excel spreadsheets. Payments can also be made through the Gateway via secure e-check.
Q: What file types are accepted for design submissions?
A: Designs can be submitted as .jpg, .png, or .gif. The proposed design should be submitted as a mock-up on the product so that size and placement of the insignia is visible.
Q: What is the standard response time for design submissions?
A: Designs are typically reviewed within 2-3 business days (excluding holidays). The response time may be longer if the design contains questionable content.
Q: What is the difference between Resellers and Vendors?
A: Resellers purchase wholesale material from our Cascadia Store Wholesale gateway in large quantities. Vendors are looking to manufacture items directly that may not exist already. Both types of businesses require licensing agreements.
Q: What are the benefits of being licensed?
A: There are many benefits to being licensed, including exposure on our approved seller directory. Becoming licensed is the only legal way to use this intellectual property.
Q: Why are vendors required to submit representative samples in order to become licensed?
A: The Cascadia Flag LDF expects that high-quality products and services are made available to Kiwanis International members. Proposed products must be reviewed carefully in order to ensure that this expectation is met.
Q: Why must all designs be approved prior to production, marketing, and/or sale?
A: As a values-based organization, the Department of Bioregion must ensure that these marks are only used in ways that positively reflect our standards. And, they must maintain the integrity of our brand identity. Each product or service that displays one or more of these marks will have an impact on our reputation as an organization, so we have a responsibility (and a legal right) to uphold certain guidelines related to the use of the marks.
Q: Why is maintaining a $1 million product liability insurance policy, and listing the organization as additional insured, required?
A: First and foremost, the insurance requirement is in the best interest of the company that is making and selling products. While unexpected, if there were ever a product liability claim (faulty product, harmful ink, flammable fabric, dangerous materials, etc.), the legal costs would potentially devastate a small business (especially sole proprietors who don’t have a corporate veil protecting personal assets). Additionally, attorneys would unquestionably add Department of Bioregion to the claim since the product was licensed. Therefore, any company wishing to use the IP of Department of Bioregion must protect themselves and the Cascadia Flag LDF against unexpected claims. The cost for a $1 million policy ranges, depending on the type of products being sold and the state where the insurance is held.
Q: What happens if a vendor decides to not comply with the Cascadian Bioregional Flag copyright?
A: While we make every attempt to be educational and proactive with the hope that all vendors will cooperate with our trademark rights, we realize that some will regrettably refuse to comply with our licensing requirements. When that happens, our legal team will follow up with all known cases of infringement until the vendor complies with our trademark rights. If a vendor continues to utilize our marks outside of a license agreement, we may have no choice but to turn the case over to our attorneys. Also, we will require that vendors pay back royalties from the date that we first made the vendor aware of our ownership rights. Past infringements must be reported and royalties paid before we will approve any past infringing company as a licensee of the Cascadia Flag Legal Defense Fund
Q: Who do I contact if I have questions?
A: Department of Bioregion – email@example.com
Where Do the Royalties Go?
Royalties are split evenly between Alexander Baretich and the Cascadia Flag Cooperative Inc, and the Department of Bioregion, which maintains the Bioregional Collective Trust, and which maintains a legal defense fund for protecting the flag and other bioregional symbols from misuse.