Licensing Flashcards
What is the GOAL with how companies can leverage licensing
To generate money (revenue) and create a win-win scenario for both providers and clients.
What is licensing
The right to use another company’s brand, logo, or product to make money.
The owner of the brand, logo, or product who gives permission to someone else to use it.
Licensor
A company or person that gets permission to use someone else’s brand, logo, or product for marketing or selling.
Licensee
3 ways to define Eligible Products:
- Product Item – One Specific Product
( i.e. – Under Armour Shirts) - Product Line
(i.e. – Under Armour athletic performance items) - Product Assortment
( i.e. – All products produced by Under Armour)
Rights for Specific Product(s) Granted to a Single Licensee
Exclusive (Scope of Exclusivity)
Allowing multiple competing companies to use the same brand, logo, or product.
Non-Exclusive (Scope of Exclusivity)
The 3 Agreement Terms
- Eligible Products
- Scope of Exclusivity
- Geographic Scope
3 things in Compensation
Fixed Fee
* “Signing bonus”
* Upfront fee (i.e. application fees)
* Reduces risk of licensor
Royalty
* Largest portion of cost
* Set percentage of total revenue
Minimum Guarantee
* Satisfactory return on relationship
-Unauthorized Use of an Organization’s Trademarks and Logos
-Lower quality
-Similar Trademarks
Example: “ABA”
American Billiards Association; American Bar Association;
American Basketball Association.
Infringement
Developing Licensing (Marketing) Plan
- Identify Licensable Intellectual Properties
- Establish Fee Structure
- Establish Selection Criteria
- Establish (Type) Terms of Agreement
- Engage in Compliance Review
- Market Surveillance
- Performance Review