Practice Area: Intellectual Property LicensingJeff Schick2019-01-24T21:56:46+00:00
Practice Overview: Intellectual Property Licensing
Helping Businesses Grow Their Business Through Licensing
Many brands and sellers are unaware of the potential boost that licensing can bring to their organization
As more and more Amazon sellers compete for similar private label products, many are increasingly looking for ways to differentiate their products. Licensing is a great opportunity that many sellers are not taking advantage of at the moment, and which can yield huge returns. In exchange for a licensing fee, major brands are increasingly allowing private label sellers to use their valuable trademarks, copyrights, and patents to create complementary product offerings for sale on e-commerce channels.
Licensing Agreements: The Foundation for a Successful Licensing Deal
When you begin licensing another’s intellectual property, you will need to have a well-written and comprehensive licensing agreement. The agreement will stipulate terms such as length of the licensing agreement (and renewal options), termination provisions, licensing payment structures, exclusivity options, geographic and channel restrictions, and options for growing your licensing relationship as you hit specific performance metrics. Fortunately, our team is well versed in contracts, and can help you ensure that your interests are protected when you are negotiating with rights owners. Additionally, through our intimate knowledge of e-commerce and Amazon, we can help ensure that important channel provisions (for example, defining which party is responsible for Brand Registry) are addressed in your licensing agreement.
Common IP That Can Be Licensed
The following are common items that can be licensed:
Right to Publicity (for celebrities and influencers)
Likeness or Image (celebrities)
Why not hire a consultant for your licensing agreement?
If you are working on licensing a copyright, trademark, or patent from another party, this is a serious agreement that requires you to work with experienced attorneys. Only a licensed attorney can help you evaluate the merits of the proposed licensing agreement. Hiring an attorney can help you secure a better agreement with better terms for your business, and gives you the security of knowing that an attorney who deals with these issues frequently is using their experience and knowledge to help further your business goals. Nobody without a law license in good standing should give you advice about how to draft a licensing agreement: not only are they not qualified to help you, but in most states it is considered unlawful practice of law.
Read Our Insights on Intellectual Property Licensing
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