Chief Illiniwek - Background
For those readers who don't know, the character of Chief Illiniwek and the Chief Illiniwek logo (a stylized front view of a Native American face and headdress) are trademarks of the University of Illinois. For years, public groups protested the use of the Indian Chief image as racist and demeaning. As the sports mascot, Chief Illiniwek danced at halftime mimicking certain Indian religious gestures. The University of Illinois finally decided to retire the mascot officially, banning him from university activities, however, U of I did allow the Chief to return for a recent homecoming parade
Judith trademarks unlike patents don't expire if they are still being used and they don't become public domain in the way patents do. Also, the actual graphic is doubly protected by copyright law which has a hundred plus years of protection, so even if the University stops using it as a trademark, you could not use that exact logo without permission.
Judith, I also noticed that you belong to the Cleveland Illini Club. Are they looking for a trademark logo? Consumer confusion is the test of trademark infringement. Consumer confusion means a similar trademark for a similar product. However, a Illini tribal motif logo is not the exclusive right of the University. The image below is the illustration for section 02.01.09 "American Indians" of the US Trademark Design Search Code Manual.
