The Licensing Journal articles from November 2002

The Licensing Journal archives from November 2002

Letter from the editor. (20th Anniversary issue of The Licensing Journal) (Editorial)
November 1, 2002... It is with great pride that I write this editor's letter for the 20th Anniversary issue of The Licensing Journal. When Chuck Grimes & I started the then Merchandising Reporter in 1982, neither one of us contemplated that the publication...

The licensee is here, the licensor is there and the factory is in Indonesia.
November 1, 2002... Principal Licensing Agreement Provisions 1. Recitals Traditional agreement drafting relies on the use of Recitals, typically including a series of sentencing beginning with "Whereas" and setting forth the background or history of the...

Intellectual property due diligence: the final stages of analysis.
November 1, 2002... Exploitability Verification The value of intellectual property assets being transferred from a seller to a buyer lies in the buyer's ability to exploit the assets in the marketplace. In order to effectively use an intellectual property...

Bringing suit for patent infringement: standing of licensees.
November 1, 2002... The US patent laws were created to provide incentive for inventors to research, investigate, and practice new technologies in a wide range of areas and disciplines. Owning the right to exclude others from making, using, offering for sale, or...

Character licensing.(People's Republic of China)
November 1, 2002... The People's Republic of China The People's Republic of China (PRC) is a growing market for selling character-licensed goods. Many licensees around the world use manufacturers in the PRC for a huge variety of licensed products. The PRC...

Collegiate licensing.
November 1, 2002... Brand U The popularity of collegiate athletics coupled with the proud heritage of academic institutions, has led fans and supporters to display pride and support for their favorite collegiate institutions by wearing team designs and...

Streaming of full-length motion pictures online.(entertainment licensing)
November 1, 2002... Streaming of Full-Length Motion Pictures Online With continued sweeping advances in Internet-related media technology, streaming is no longer a technological fantasy, but rather a viable consideration for the distribution of full-length...

Music licensing.(Federal Trademark Dilution Act)
November 1, 2002... Federal Trademark Dilution Act Oftentimes, when courts have been called on to sort out the rights and responsibilities of authors whose creative works incorporate pre-existing material by other authors, the courts' opinions fail to state...

Software licensing.(recent cases)
November 1, 2002... This installment continues to report the recent cases relating to software licensing. Click-Wrap Enforceability/No Specific Performance i.Lan Systems, Inc. v. Netscout Service Level Corp., [183 F. Supp. 2d 328, 2002 U.S. Dist. LEXIS...

The bankruptcy clause: comforting but useless. (tademark licensing)
November 1, 2002... The Bankruptcy Clause: Comforting but Useless An experienced reader of license agreements would know exactly where to find what I call the "bankruptcy clause" (about three pages before the end). Usually a subparagraph under...

Considerations in determining the value of trademarks.
November 1, 2002... Considerations in Determining the Value of Trademarks The statutory source of federal trademark law is the Lanham Act of 1947, which is Title 15 of the US Code. The Lanham Act provides for the registration of trademarks, which are defined...

Economical approach to force the transfer of an improperly registered domain name.
November 1, 2002... Economical Approach to Force the Transfer of an Improperly Registered Domain Name As discussed in October's column, there are numerous legal options available to address the situation in which some jerk registers a domain name that is...