| IP Licensing |
We advise owners of trademarks, trade secrets, and copyrights on
the best method of licensing these valuable assets. We draft and
negotiate IP licenses, and advise trademark licensors on potential
franchise and antitrust implications of their licenses.
It is especially important when licensing a trademark to require the
licensee to maintain a proper amount of quality control in his use
of the mark. Failure to dictate and perform adequate quality
control may lead to a loss of all trademark rights in a licensed mark
through what is called a "naked license".
On the other hand, if too great an amount of control is placed over
the licensee, a court may find that a franchise relationship has
been created. This leads to a host of serious problems for the
licensor.
For more information on the role of quality control in IP licenses,
please see my article "Accidental Franchise If You Do, Naked
License If You Don't" found on the Articles page.
the best method of licensing these valuable assets. We draft and
negotiate IP licenses, and advise trademark licensors on potential
franchise and antitrust implications of their licenses.
It is especially important when licensing a trademark to require the
licensee to maintain a proper amount of quality control in his use
of the mark. Failure to dictate and perform adequate quality
control may lead to a loss of all trademark rights in a licensed mark
through what is called a "naked license".
On the other hand, if too great an amount of control is placed over
the licensee, a court may find that a franchise relationship has
been created. This leads to a host of serious problems for the
licensor.
For more information on the role of quality control in IP licenses,
please see my article "Accidental Franchise If You Do, Naked
License If You Don't" found on the Articles page.
Copyright 2008 Jon K. Perala, Attorney & Counselor at Law |
| 2253 W. Rosemont Avenue, Chicago, Illinois 60659 (312) 242-1812 or (847) 208-9674, info@peralaw.com |
