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.

Featured Articles

"Naked" License vs. "Accidental" Franchise
How much control should the owner of a trademark exert over the licensee?

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Franchise Disclosure Laws in the European Union
Buying or selling a franchise in the EU? A brief overview of applicable disclosure

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