Trade Mark LicensingRecent years have seen fundamental changes to the law and practise of trade mark licensing. "Trade Mark Licensing 2nd edition" offers a completely rounded perspectivce on the subject, integrating discussion of legal concepts with extensive advice on practical concerns. It provides comprehensive coverage of trade mark licensing under UK and US law, and also considers relevant EU law, including EU competition law and trade mark exhaustion. A detailed sample agreement is included, complete with explanatory notes and cross-references to the main text. This edition also contains new chapters on trade mark licensing in France and Germany, and on domain name+ licensing. |
Contents
A SUBJECT WORTHY OF SEPARATE | 1 |
TRADE MARK LICENSING UNDER EU COMPETITION | 13 |
TRADE MARK LICENSING AND THE FUNCTIONS OF A TRADE MARK | 20 |
THE REGISTRATION OF LICENSEES IN TRANSITION | 60 |
THE CONCEPT OF A RELATED | 82 |
QUALITY CONTROL | 101 |
TRADE MARK RIGHTS AND DISTRIBUTION | 138 |
OTHER AUTHORISED THIRD PARTY USE OF A TRADE MARK | 166 |
ORAL IMPLIED AND CONSTRUCTIVE TRADE MARK LICENCES | 243 |
TERMINATION AND BEST ENDEAVOURS | 261 |
TRADE MARK EXHAUSTION AND PARALLEL IMPORTS THE | 351 |
A FRENCH LAW VIEW OF TRADE MARK LICENSING | 372 |
A GERMAN LAW VIEW OF TRADE MARK LICENSING | 388 |
COLLATERAL ASPECTS OF TRADE MARK LICENSING | 404 |
ANNOTATED SAMPLE TRADE MARK LICENCE AGREEMENT | 433 |
APPENDIX A SAMPLE CONSENT AGREEMENT | 466 |
Common terms and phrases
Accurist Article 81 assignment and licence authorised Bostitch breach certification mark challenge clause circumstances claim collective trade mark commercial Commission competition connection consent agreement contract manufacturer Corp course of trade deemed delimitation agreement distribution distributor domain name exclusive licensee exemption exercise function goodwill grant ibid identified implied licence infringement intellectual property intellectual property rights issue know-how Lanham Act licence agreement licence arrangement licence back licensee estoppel licensee's right licensor likelihood of confusion Marks Act 1994 oral licence ownership parallel importation prohibition proprietary rights proprietorship protection quality control recognised regarding registered trade mark registered user system Regulation related company relationship relevant respect restrictions right of action royalties service mark situation specific subsidiary Supp termination territory third party TMEP trade mark law trade mark licence trade mark proprietor trade mark rights Trade Marks Act Trade Marks Directive unregistered validity vertical agreements