Secondary liability in the context of the trademark is a judicial doctrine that has developed and developed in the last century by case law. For an ongoing discussion on deputy and secondary brand liability, including online marketplace, affiliate distributors, search engine companies, websites and internet search providers Goods or services, Duration and territory – Identify the type of goods or services offered by the licensee under the brand, the duration of the contract and the geographical area in which the trademarks are granted. In addition to identifying goods or services, licensed uses are often indicated. For example, the agreement may state that the following uses are permitted: production, sale, promotion, distribution and/or advertising. In addition, the licensor may restrict or permit the following distribution channels, stationary retail, Internet sales, wholesale or retail trade or sale limited to certain transactions or categories of consumers. The law recognizes a number of ways to make companies and individuals responsible for creating or contributing to the infringement of an online liability other than brand liability. Insurance – This provision requires the licensee to take out insurance in order to protect the licensor from liability for claims against the licensee and possibly a failure by the licensee to fulfill its obligations under the license agreement. (A) Exclusive rights are granted to the licensee, to the exclusion of all others, including the licensor, and this may also relate to a given geographical area or region. There are several elements of a trademark license agreement. The most important part of the agreement is to properly demonstrate that the licensor has quality control over the goods or services sold in connection with the use of the trademark.
Therefore, the quality control provision is one of the most important elements that are an integral part of trademark licensing agreements. Quality control of a trademark license agreement must ensure that the trademark licensor has set standards to maintain the goodwill related to the trademark on which consumers of the goods or services have relied. The general quality control requirements of a trademark license agreement may include, among other things, the ability to audit the licensee`s accounting record or accounting, to audit the licensee`s entities, to audit the licensee`s internal audit of the licensee`s minutes, and to verify the use of printed media in connection with the use of the trademark. This document provides general context and instructions for licensors and potential licensees, as well as an example language that should be included in any global trademark licensing agreement. One of the most important concepts is the determination of quality control to protect the goodwill of trademark rights; Parties and Intellectual Property – Identify the parties to the agreement and the intellectual property (the marks) that is licensed (these issues may be described in the grant clause). Definitions – There is often a definition section (keywords are defined in the agreement). . . .