Intellectual Property
Dec. 10, 2010
Naked Licensing: The Smell of Fear
How to avoid naked licensing and abandoned trademarks. By Los Angeles attorney William E. Maguire.
With apologies to Leslie Nielsen and the producers of the film series "The Naked Gun," no licensor wants to learn that their license is unenforceable and their trademark ruled as abandoned or "naked," as the result of a lack of control over its licensee and the licensed product. In a very recent decision by the 9th U.S. Circuit Court of Appeals, dated Nov. 24, 2010, we now have some current guidelines to enable the...
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