“The University of Utah Department of Athletics’ (or University of Utah Athletics Department) media guides released from 1990-2016 in the sports of gymnastics, men’s and women’s basketball, and football highlight the way the university utilizes the “Utes” nickname, circle and feathers logo, and Swoop mascot to construct a “Ute” brand. This “Ute” brand encompasses the logo, mascot, and nickname, and also a “Ute” identity that can be assumed and performed by athletes, fans, spectators, and media.”