The case was dismissed on the ground that Mary abandoned her mark by engaging in naked licensing that is, by allowing Spiced Right to use the mark without exercising reasonable control over the nature and quality of the goods, services, or business on which the mark is used by the licensee. Restatement Third of Unfair Competition 33 (1995). [iv] Bichsel v. Blumhost, 429 S.W.2d 301 (Mo. This is especially true for trademark licensing agreements where the licensor/trademark owner has important obligations. 0000008828 00000 n JavaScript seems to be disabled in your browser. A licensee's duty is not absolute. The Consultant's duty to another client must not conflict with his duty to the Client. Naked licensing can result from the trademarkholders failure to supervise alone. Judge Kennelly granted defendants (collectively ICE) Fed. Who Should Own My Trademark? Me or My Company? When an associate licensee owes a duty to any principal or to any buyer or seller who is not a All IP licensing agreement should be reviewed by an experienced IP attorney who is well-versed in IP licensing nuances. A certified copy of any file may be obtained by sending a written request to the Mary has developed an organic spice mixture as a seasoning which she has been selling through a website. Information obtained in confidence from the Client must only be used for the benefit of the Client. This Blog/Web Site (Blog) does not to provide specific legal advice, it is for educational purposes only. OSHA Regulation by Shaming,, Addressing Distracted Driving: Employers Need to Keep Their Eyes on the Road,, Too Good To Be True: Potential Pitfalls of OSHA Settlements,, Federal OSHA Plays Big Brother To State OSHA Plan,s, Electrical Safety - OSHA Citations Under NFP 70E,, Successfully Defending an OSHA Fatality Citation,, A Snitch in Time Saves Lives: The Importance of Reporting Safety Violations in the Workplace,, OSHA Whistleblower Protection: Giving Sharper Teeth to a Legal Dinosaur,, OSHA Ups the Enforcement Ante on Employers,, Employer Job Hazard Assessments Under Attack: Best Practices for Conducting a Compliant Hazard Assessment,, OSHA Compliance - Creating Legal Privileges For Company Investigations and Audits,, The Aftermath of an Explosion, Part II: Renewed Interest In Controlling Combustible Dust,, Set Your Records Straight: OSHAs Recordkeeping National Emphasis Program Creates Employer Liability,, After the Rain: Disaster Recovery and Employee Safety,, Safety: The Universal Language? A possessor of premises on which a licensee intrudes owes a licensee the duty to refrain from willfully or wantonly injuring him/her.
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