Litigation Planning For Licensing Attorneys
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This document discusses the legal concept of "naked licensing" of trademarks and the requirement for trademark owners to maintain control over the quality of goods and services provided under a licensed mark. It provides examples from case law where licensing agreements were found to constitute naked licensing due to insufficient quality control provisions. The document also discusses factors courts consider in determining whether licensing agreements specify adequate quality control procedures to avoid naked licensing.
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Table of Contents
Title
Page number
I. Introduction
1
II. Legislation
1
III. Rationale
1
IV. Case Analysis
2
Case 1.
2
Case 2.
3
V. Conclusion
4
a. Social Impact
4
b. Personal Opinion
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References
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[Type text] [Type text] [Type text]
SK™
[Type text] [Type text] [Type text]
SK™
I. Introduction
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This topic is of interest to me because it takes many years for a business to build their reputation and brand-worth and another person may try to make money off of that brand even if they have no right to. This usually occurs with high end reputable brands, such as, Gucci, Chanel, Louis Vuitton, Coke, et cetera, when people make knock offs or duplicates of that brand and sell them as genuine. This ends up diluting the brand and is also considered false designation of origin since it’s not the real brand. It’s really tempting to purchase knockoffs of such luxury items but at the end of the day, the people selling those items are infringing on trademarks and can be held liable in court under this Chapter and subsection.
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(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which--
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Title
Page number
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1
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1
III. Rationale
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2
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3
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- 1. Litigation Planning for Licensing Attorneys Michael G. Atkins Graham & Dunn PC December 15, 2008
- 2. Naked Licensing of Trademarks