Yes. Trademark rights can be lost through naked licensing. If a trademark owner fails to exercise reasonable control over the licensee’s products or services, the trademark may cease to function as an accurate identifier of the source of the product or services. The purpose of a trademark is to inform consumers about the source of […]
Can a trademark be lost (abandoned) through naked licensing? Read More »
Here are some examples of naked licensing: A trademark owner licenses it to a manufacturer but does not review the products, instead allowing the licensee to use it on shoddy, inferior goods. A contract grants a license but fails to include quality standards or guidelines. A franchisor licenses its trademark to the franchisee but fails
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Naked licensing is not a form of adult entertainment. It is the licensing of a trademark without exercising control over the quality of the goods or services produced or provided by the licensee. A license agreement that does not contain quality control provisions is at risk of being deemed a naked licensing arrangement.
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A trademark assignment transfers ownership of the trademark to another. A trademark license authorizes a person other than the trademark owner to make use of a trademark. A license does not transfer ownership of the trademark to the licensee. An exclusive trademark license transfers the exclusive right to use the trademark. A non-exclusive trademark license
What is the difference between an assignment and a license of a trademark? Read More »
Yes. Trademark ownership may be transferred and trademark rights may be licensed to others.
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In copyright law, it is a statutory right of an author to terminate a transfer or license after 35 years. Specific requirements apply to the timing and making of the termination request. You should consult an attorney if you are considering exercising a termination right or if another person has exercised, or intends to exercise,
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It is not mandatory to have an attorney represent you in music and sound recording license matters. You may represent yourself in music and sound recording licensing matters. Music and sound recording regulations, requirements and procedures are detailed and complex, however, so the assistance of a competent attorney can be very beneficial.
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Yes, a compulsory license to make and sell a cover version of another person’s song exists, subject to some conditions. The Copyright Act allows anyone to make a recording of a cover version of a nondramatic musical work, but the owner of the copyright in the musical work must have the first chance to do
A mechanical license is a license to make and distribute copies of a recording of a musical work.
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A compulsory license is a statutory license that allows anyone to use a particular kind of copyrighted work without the owner’s permission, provided a fee is paid and prescribed legal procedures are followed. One of the more popular compulsory licenses is the statutory license to make and distribute copies of a recording of a cover
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