Trademark Licensing: Avoiding the Accidental Franchise in Structuring Licenses
Navigating Differences Between Trademark Licenses and Franchises, Avoiding Naked Licenses
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to IP counsel on drafting trademark licenses to avoid creating an accidental franchise. The panel will discuss the differences between trademark licenses and franchises, structuring the licenses, and avoiding a naked license. The panel will also offer best practices for complying with franchise laws if an inadvertent franchise has been established.
- Differences between trademark licenses and franchises
- Best practices for structuring the licenses
- Avoid creating a franchise agreement
- Avoid naked licenses
- Strategies for complying with franchise laws if an inadvertent franchise has been established
The panel will review these and other key issues:
- How do trademark licenses differ from franchise arrangements?
- How do accidental franchise claims arise?
- What best practices can counsel employ to avoid creating a franchise agreement? To avoid a naked license?
Kenneth R. Costello
Mr. Costello specializes in U.S. and international franchising law and product and service distribution. His... | Read More
Mr. Costello specializes in U.S. and international franchising law and product and service distribution. His expertise includes licensing and branding, structuring franchising programs, franchise regulatory compliance programs, multi-level distributorships, and antitrust counseling. Mr. Costello’s practice also includes IP law, including internet, e-commerce, domestic and international trademark, service mark, copyright, and technology transfers and licensing.Close
Gray Plant Mooty
Mr. Kirsch focuses his practice on domestic and international franchising and distribution matters. He represents and... | Read More
Mr. Kirsch focuses his practice on domestic and international franchising and distribution matters. He represents and counsels clients on various corporate, commercial, licensing, franchise, and business development matters. His work involves primarily transactional and regulatory matters, M&As, international franchising, and distribution. Mr. Kirsch often lends his franchise expertise to others by writing articles and speaking at seminars about a variety of issues including branding, licensing, franchising, and distribution issues.Close
Rochelle (Shelley) Spandorf
Davis Wright Tremaine
Ms. Spandorf focuses her practice on business franchise and distribution issues, representing franchisors,... | Read More
Ms. Spandorf focuses her practice on business franchise and distribution issues, representing franchisors, manufacturers, licensors, suppliers, franchisees, and distributors in their domestic and international expansion and strategic development. She concentrates her practice on a broad spectrum of transactional and regulatory issues for clients in all industry sectors, and assists clients with their contracts and legal compliance matters, franchise sales compliance duties, and operating issues.Close