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
Your glamorous branded residence deal could accidentally strip a luxury brand naked — legally speaking. In trademark law, naked licensing happens when a brand lets someone use its name but fails to control how it’s used. No...more
Few words light up a Tampa, Florida resident’s heart quite like GASPARILLA – and for this particular Tampa resident, the recent overlap of Gasparilla and trademark practice pointers in the Trademark Trial & Appeal Board’s...more
The Major League Baseball (MLB) Postseason is underway, and the World Series will start on October 24, 2025. Radio and television stations may want to conduct or participate in promotions that are tied to the baseball...more
The adage that “it is better to ask for forgiveness than permission” does not apply to trademark law. This is especially true where receiving forgiveness may be conditioned by paying substantial sums of money to brand owners...more
Trademark licensing allows brand owners to authorize others to use their mark in connection with goods or services—often in exchange for royalties or business partnerships. When done properly, licensing can strengthen a brand...more
On December 12, 2024, the Canadian Trademarks Opposition Board (TMOB) announced plans to initiate a pilot project in January 2025 whereby the Registrar of Trademarks will proactively issue a limited number of section 45...more
If you're looking to safeguard your brand and avoid costly errors in the world of trademarks, this session is a must-attend. Our experienced speakers will guide you through the essential steps to protect your intellectual...more
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
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