Category Archives: IP Licensing

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The New Joint DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission released updated Antitrust Guidelines for the Licensing of Intellectual Property (the “Guidelines”). These Guidelines replaced those issued on April 6, 1995, and state the agencies’ policies regarding the licensing of patents, copyrights, trade secrets, and know-how; the Guidelines do not cover the antitrust treatment of trademarks.… Continue Reading

First Circuit BAP Protects Trademark Licensees In Bankruptcy Despite Section 365(n)

The First Circuit recently issued an important interpretation of bankruptcy law that directly impacts trademark licensing rights. In In re Tempnology LLC, 559 B.R. 809 (1st Cir. BAP 2016), the First Circuit Bankruptcy Appellate Panel held that a debtor-licensor’s rejection of a trademark licensing agreement “did not vaporize” the licensee’s contractual right to use the debtor’s mark and logo.  … Continue Reading

First Sale Defense Blocks “Slam Dunk” Copyright Violation

The Ninth Circuit recently addressed the burden of proof applicable to the first sale defense to a copyright infringement claim. That defense provides that, once a copy of a work is lawfully sold or transferred, the new owner has the right to sell or otherwise dispose of that copy without the copyright owner’s permission. In Adobe Systems, Inc. v. ChristensonContinue Reading

Keeping Up With the Lanham Act: Lanham Act Applies Extraterritorially to Kardashian Vicarious Trademark Infringement

In Kroma Makeup EU Ltd., v. Boldface Licensing & Branding, Inc., the Middle District of Florida held that a foreign licensee of a registered U.S. trademark could sue Kim, Kourtney and Khloe Kardashian for their alleged extraterritorial infringement of the trademark and further sue its licensor for refusing to share in the proceeds of a settlement regarding the same … Continue Reading

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