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Intellectual Property

Oct. 19, 2011

Naked licensing: Not as rare as one might think

Clear quality control provisions are key to protecting your license. By Antonio R. Sarabia II


By Antonio R. Sarabia II


In the last 10 years, the 9th U.S. Circuit Court of Appeals has decided two cases involving naked licensing: Barcamerica International v. Tyfield Importers (9th Cir. 2002) 289 F.3d 589, and Freecyclesunnyvale v. The Freecycle Network (9th Cir. 2010) 626 F.3d 509. Most lawyers regard naked licensing as a rarity, likely to involve non-profit organizations (as Freecycle did) or very small companies. But naked licenses ar...

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