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

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, May 30, 2024

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

(Alert: Event date has changed from 5/16/2024!)

or call 1-800-926-7926

This CLE course 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 the agreement, pitfalls of co-branding, special issues when working with a charity, and addressing disputes when problems arise.

Description

BMW and Louis Vuitton. Nike and Apple. Betty Crocker and Hershey’s. Taco Bell and Doritos. Avon and Komen. 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. Plus, special tax and regulatory issues can apply when working with a charity.

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, regulatory compliance, and allocation of non-cash benefits together with cash profits in an equitable fashion.

Surprisingly, many co-branding agreements overlook key issues such as the ownership of IP created jointly by the parties, data ownership/usage rights, regulatory compliance, 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
    9. Rights in customer data
  3. Pitfalls of co-branding (even if it's successful)
  4. Regulatory issues when working with a charity
  5. 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

Chansky, Ed
Ed Chansky

Shareholder
Greenberg Traurig

Mr. Chansky focuses his practice in the areas of intellectual property (particularly development, selection, protection...  |  Read More

Olson, Shana
Shana L. Olson

Counsel
Sterne, Kessler, Goldstein & Fox

Ms. Olson’s work focuses on U.S. and international trademark clearance, prosecution, enforcement, and portfolio...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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