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Licensing is used by brand owners to extend a trademark or character onto products of a completely different nature. [1] Examples of intangible assets include a song ("Over the Rainbow"), a character (Donald Duck), a name (David Beckham), or a brand (Rolls-Royce). An arrangement to license a brand requires a licensing agreement.
A trademark coexistence agreement is a contract made by two parties to use a similar trademark for marketing purposes without interfering in each other's enterprises. Agreements of this nature are often made as parties only require regional use of their trademarks, and therefore other enterprises use of a trademark will not harm their business.
A Contributor License Agreement (CLA) defines the terms under which intellectual property has been contributed to a company/project, typically software under an open source license. Rationale [ edit ]
Frequently, one party will surrender its concurrent use claim and instead receive a trademark license from the other party. In other situations, each party may agree to geographic limitations on its use of the mark at issue, which the TTAB will honor if the settlement stipulates to facts which show that no confusion is likely.
Royalty in licence agreements is always in consideration of something that is provided by the licensor to the licensee in the agreement, such as the right to use a trademark, patent, know-how, designs, drawings or a combination of them. Royalty payments take three basic forms: 'running' royalties 'lumpsum' royalty
cross-licensing agreements with or without cash payments, and; entering into a strategic alliance or Joint Venture. In discussing the licensing of Intellectual Property, the terms valuation and evaluation need to be understood in their rigorous terms. Evaluation is the process of assessing a license in terms of the specific metrics of a ...
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