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Intellectual Property Bulletin
 

Crystal T. Broughan, Esq. - Shareholder - Intellectual Property Attorney
904-398-0900 - www.marksgray.com



Welcome! 

In this newsletter, I share thoughts from a valuable panel I attended at last month’s International Trademark Associations Annual Conference. 

You will also learn about the pros and cons of trademark licensing and the recent Supreme Court decision about trademark licensing after bankruptcy. If you are considering trademark licensing, I encourage you to reach out for guidance. It is important to ensure your company and your brand are properly protected.

Thank you for your readership, support, and referrals.


- Crystal T. Broughan

The Creation of Trademarks – Cooperation Between Marketing and Legal Professionals

In May, I attended the International Trademark Associations (INTA) Annual Conference in Boston. One session I found particularly interesting involved marketing professionals and trademark lawyers discussing how to work together to create a strong brand for a client.

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The Pros and Cons of Trademark Licensing

With a trademark licensing agreement, a registered trademark owner (the licensor) receives a negotiated royalty in exchange for allowing another party (the licensee) to use the licensor’s trademark.

The licensor receives revenue for the use of their mark without the expenses and risks of product manufacturing, marketing, and sales. The licensee, in turn, has an opportunity to use the trademark without the expenses and risks of research and development.

READ MORE ▼


IN THIS ISSUE


- The Creation of Trademarks – Cooperation Between Marketing and Legal Professionals
 

- The Pros and Cons of Trademark Licensing
 

- Supreme Court Rules Trademark Licenses Survive Bankruptcy

Supreme Court Rules Trademark Licenses Survive Bankruptcy



Earlier this month, the Supreme Court tied up loose ends in a case that is being called “the most significant unresolved legal issue in trademark licensing.” The Court ruled 8-1 in the case of Mission Product Holdings, Inc. v. Tempnology, LLC (Supreme Court May 2019) that, if a trademark owner goes bankrupt, they cannot take away the rights of licensees to use trademarks that were already licensed.


This is the last piece of a puzzle that was created by the Bankruptcy Code in its 1988 amendments. The amendments say that if a company files for a Chapter 11 bankruptcy, licensees can still use copyrights and patents that they had been given prior to the bankruptcy. The Bankruptcy Code purposefully left out trademarks.
 

READ MORE ▼

You Created It.
We Protect it.
 

Crystal T. Broughan
Intellectual Property Attorney


Website:
MarksGray.com

Phone:
904-398-0900

Email:
cbroughan@marksgray.com
 
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