The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured Podcast)
The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured)
Podcast: The Briefing - How to Avoid Bearing The Risks of A Naked License
The Briefing: How to Avoid Bearing The Risks of A Naked License
In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott...more
Part 2: WHAT - Last month, we reviewed where the U.S. Olympic & Paralympic Committee (USOPC) derives its trademark rights—if you missed last month’s article, catch up here: June 2024 Article. This month, we are exploring...more
Part 1: WHERE - Like the rest of the world, we will have our eye on Paris this summer, breaking down trademark issues associated with the Olympic Games in a three-part series. Over the course of the next three months, we...more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: David...more
For years, Sports Illustrated (SI) has provided exclusive, in-depth looks into some of sports’ greatest games and players, with its voice and visuals providing great entertainment and information for sports fans around the...more
Licensing intellectual property (IP) can be a game-changer for a company’s commercialization, whether creating research and development opportunities, opening new markets or gaining access to complementary technologies. When...more
2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks...more
Company H claimed that the “S” branded engines used in the motorboats it produced came from a lawful source and were used in a proper procedure, and that it had the right to make derivative use of the purchased engines, and...more
Licensing trademarks in Canada can be beneficial to a trademark owner when done properly, including providing a potentially powerful source of revenue. However, without careful drafting and management of the license, things...more
Currently, brand owners are at a crossroads—should they dip their toes into new web3 mediums and opportunities, or should they guard against potential pitfalls in this new space? While there is no one-size-fits-all answer...more
Last week, the New Jesey local restaurant — Gregory’s Restaurant & Bar in Somers Point — gave up its “Taco Tuesday” trademark in New Jersey, in favor of resolving a legal dispute with Taco Bell. This comes on the heels of...more
The US Court of Appeals for the Eleventh Circuit ruled that under certain circumstances a trademark licensee can bring a claim against a third party for unfair competition under the Lanham Act even if the licensing agreement...more
Trademarks help brand owners build and communicate their brand’s reputation and value with the relevant public. Once that valuable goodwill is linked between a mark and the owner’s products and services, trademark owners can...more
Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more
A trademark license may seem straightforward. It is an arrangement that gives a licensee the right to use the licensor’s mark in some manner for some amount of time, with the licensor exercising quality control over the goods...more
The United States has two levels of trademark registration: state and federal. A state trademark registration is issued by a state office and protects a trademark only in that state, whereas a federal trademark is issued by...more
When entering into a trademark license agreement most trademark owners do not consider the possibility that their agreement actually may be a franchise, which would subject them to specific disclosure requirements and a...more
This panel will examine the process of a corporate rebrand, and walk through some of the trials, tribulations, and triumphs you can expect with a rebrand. With the following key considerations, you’ll be equipped to support...more
In the consumer brands industry, licensing makes the world go round. Licensing is critical in the consumer brand industry because many businesses make a large portion of their revenue from licensing their trademarked brands...more
“File:200126 Lizzo on the 2020 Grammys Red Carpet.png” by Cosmopolitan UK is licensed under CC BY 3.0. The Trademark Trial and Appeal Board (TTAB) has approved the trademark registration of“100% THAT BITCH” by the musical...more
Key Takeaways ..The Ohio Supreme Court decision in NASCAR Holdings, Inc. v. McClain is an Ohio commercial activity tax case that provides another recent example of state courts wrestling with how to apply statutory...more
From multinational corporations to franchises to non-profits, there is a lot that goes into building your brand and a positive brand association among consumers. As a company looks to growth strategies, it will consider...more