STAFF REPORT
Date:
January 15, 2014
To:
Mayor and City Council
Thru:
Andrew Clinger, City Manager
Subject:
Staff Report (For Possible Action): Update, discussion and potential
direction to staff regarding licensing program for the use of "The Biggest
Little City in the World" slogan and the Reno Arch.
From:
Alexis Hill, Special Events Program Manager
Summary: In 1999, the City of Reno registered the slogan “The Biggest Little City in the
World” as a service mark with the State of Nevada. In the 14 years of maintaining this
protection, the slogan has been requested and licensed correctly just four times. Nevertheless,
the mark is being utilized in a greater capacity by merchandisers, souvenir shops and other
businesses throughout the City without permission from the City of Reno.
Per Council direction, staff was asked to research the best practices on how other cities control
their brand (e.g. New York Apple, Dallas Big D) and whether the Council should set parameters
regarding the cost and use of the City's mark. After researching best practices and evaluating our
brand value, staff recommends that the City Council create a licensing program. By protecting
and managing the use of the brand, the City can defend itself against “Trademark Dilution”, a
legal concept giving the owner of a trademark standing to forbid others from using that mark in a
way that would lessen its uniqueness or bring a negative perception association.
The recommended licensing program initiatives are:
 The recommended program should not dissuade businesses from utilizing the mark with
exorbitant fees or difficult applications.
 The recommended program gives the City the flexibility to correct any debasing of the
brand and is not envisioned to require an exorbitant amount of time enforcing the use of
the mark.
 The overall intent of the program is to protect the brand in the best interest of the
residents of the City of Reno.
Previous Council Action: In September 1999, a service mark for “The Biggest Little City in the
World” slogan and logo was secured with the State of Nevada, per Council direction. The City of
Reno has renewed this service mark protection annually ever since. (Attachment C)
On April 3, 2013, the Council approved a License Agreement between the City of Reno and
Circus Casinos, Inc. regarding the licensing and sale of plastic drinking containers featuring the
Reno Arch and the slogan, "RENO-THE BIGGEST LITTLE CITY IN THE WORLD". Council
also gave staff direction to look at what other cities have done to allow commercial interests to
utilize their services marks and put together a service mark program.
Background: The City of Reno has not had a formal process to issue permissions to utilize the
mark in the past. However, there are records of the City administratively issuing permission for
the mark in 2007 and in 2009.
In June 2007, the City of Reno licensed an image of the Reno Arch and The Biggest Little City
in the World to Corbis, Inc. for $50.00. The agreement authorized the image to be used in one
full page advertisement displayed in the Reno-Gazette Journal Newspaper and 500 ATM screens
in the Northern Nevada region for a period of thirty calendar days.
In August 2009, the City of Reno licensed the use of the Reno Arch image on a medallion
created by the Reno Coin Club for $50.00.
At the direction of Council, staff researched various jurisdictions around the country to see what
type of programs they had for their iconic images or phrases.
Research of Jurisdictional Authorities with Service Mark Licensing Programs:
The Las Vegas Conventions and Visitors Authority, NV does not allow licensing of “What
Happens Here, Stays Here” and “What Happens In Vegas, Stays in Vegas” for any
purpose other than marketing the destination. The reason they do not allow licensing the
mark is because they believe it diminishes the effectiveness and would eventually create
oversaturation.
The City of New York, NY, does not license “The Big Apple" to others but they do license
their other municipal brands NYPD, NYFD, DSNY, etc. for merchandising. Their
licensing program is run by a Licensing Director. The program has a two tiered system.
It starts all licensees’ at an under $8,500 gross revenues plan, which is free from fees and
royalties. If they exceed $8,500 in profits from the licensed product(s), they will be
moved into a contract with fees and royalties.
The City of Austin, TX unofficially uses “Keep Austin Weird.” The mark is owned by a
business alliance group; the group allows merchandisers to use “Keep it Weird in
Austin” without agreements. The City government isn’t involved in the mark.
The Dallas Convention and Visitors Bureau has registered the “Big D” logo and “Big
Things Happen Here” tagline. Licensing the use of the registered marks is handled on a
case-by-case basis. Since they are promoting the destination, they welcome opportunities
that expand their reach. They do monitor and restrict the use of their marks when it
doesn’t benefit the bureau or the destination. They do not currently license the marks for
commercial use. For example, they would permit an event use “Big Things Happen
Here” to bring people to Dallas, but would not permit entities to utilize the logo on a tshirt.
Discussion: After researching various jurisdictions around the country and considering the
available administrative, legal and departmental resources at the City, it is our recommendation
that the City of Reno adopt a service mark program. It is designed as a three-year phased
program. Staff recommends this approach because it gives the City a starting point to protect the
City brand but it isn’t overly aggressive. The program requests fees for commercial use
however, it does not charge for nonprofit use. The program also allows for the City to grow the
program and potentially look at replicating the City of New York model that monitors the
commercial use of the mark and generates revenue.
Year one – 2014: Businesses currently utilizing the City of Reno’s service mark will be
identified. They will be sent a letter to register their use of the City’s mark with the City
by filling out an application. The application (Attachment A) and agreement
(Attachment B) will be free for the first year (2014) and will give the City’s Office of
Communications and Community Engagement, the City Manager’s designee an
opportunity to review the use and require consistency with our brand standards
(Attachment D).
Year two – 2015: Once a database of businesses has been collected, staff will begin to
charge an annual application fee of $50 for commercial use. Non-commercial (nonprofits) will continue to have no fees for the use.
Year three – 2016 and beyond: Staff will reserve the right to collect additional fees and
or royalties on businesses utilizing the service mark as the value increases.
Financial Implications: None at this time.
Legal Implications: The City Attorney’s Office is reviewing the requirements to apply for
trademark, copyright, and/or other federal protections. Depending on voluntary compliance,
there may be an increase of litigation to enforce protection.
Recommendation: Staff recommends that Council approve the licensing program as listed
below. In addition, staff recommends that Council support the pursuit of a trademark, copyright,
and/or other federal protections for the slogan “The Biggest Little City in the World” and the
image of the Reno Arch, to include past Reno Arches and the present ones located on Virginia
Street and the image of the Reno Arch located on Lake Street.
Proposed Motions:
1)
To approve the implementation of a service mark licensing program concerning the use
of the signature identity of the “Reno Arch” and slogan “The Biggest Little City in the World”
for commercial and non-commercial use.
2)
To approve the pursuit of a trademark, copyright, and/or other federal protections for
“The Biggest Little City in the World” and the image of the Reno Arches.
Attachments:


Attachment A - License Application
(PDF)
Attachment B - License Agreement (PDF)


Attachment C - State of Nevada Service Mark
(PDF)
Attachment D - Brand Style Guide for the City of Reno (PDF)