Co-Branding Partnerships and Joint Ventures: When It Works and Creating the Proper Deal Documents to Protect Your Client’s Interests

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, May 2, 2018

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to counsel to companies involved in or considering co-branding partnerships. The panel will examine the factors companies should consider before entering a partnership. The panel will also discuss structuring of the agreement, pitfalls of co-branding, and addressing disputes when problems arise.

Description

BMW and Louis Vuitton. Nike and Apple. Betty Crocker and Hershey’s. Taco Bell and Doritos. These are examples of successful co-branding partnerships that benefited both parties. But Lego and Shell or Target and Neiman Marcus demonstrate that co-branding must be well conceived.

Protecting your client or company’s brand requires contemplating the legal issues from the outset when selecting the partner. It requires careful consideration of new IP rights that may be created and the proper cross licensing that still provides each protection. Equally important is an appreciation of the hidden benefits (or risks) that may flow from the partnership and ensuring that the economic benefit is shared appropriately.

Brand savvy lawyers can play a critical role in helping shape a co-branding partnership by skillfully creating the necessary agreements that address IP ownership, rights to terminate, risk allocation, and allocation of non-cash benefits together with cash profits in an equitable fashion.

Surprisingly, many co-branding agreements overlook many key issues such as the ownership of IP created jointly by the parties or addressing how disputes will be resolved once the agreement ends.

Listen as our authoritative panel of IP attorneys examines the considerations companies need to think about before agreeing to co-brand. The panel will discuss structuring the agreement, key provisions, etc., and the pitfalls of co-branding (even if it’s successful). The panel will also address how to deal with disputes when problems arise.

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Outline

  1. Considerations companies need to think about before agreeing to co-brand
  2. Structuring the agreement
    1. Creation of content
    2. Licenses
    3. Co-branding
    4. Compensation
    5. Termination
    6. Indemnity
    7. Liability
    8. Ownership
  3. Pitfalls of co-branding (even if it’s successful)
  4. Dealing with disputes when problems arise

Benefits

The panel will review these and other key issues:

  • What key provisions should be addressed when structuring a co-branding agreement?
  • What are the pitfalls of co-branding, even if the partnership is successful?
  • What guidelines should the parties put in place to govern the business relationship?

Faculty

Feingold, Stephen
Stephen Feingold

Partner
Kilpatrick Townsend & Stockton

Mr. Feingold's practice focuses on trademark, copyright, advertising and Internet matters. He has handled complex...  |  Read More

Leventhal, Michael
Michael Leventhal

Atty
Holmes Weinberg

Mr. Leventhal specializes in providing corporate, IP and business transactional services for media/entertainment and...  |  Read More

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