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Trademark Tips: The Pitfalls of Creating an "Accidental Franchise" in Trademark Licensing Agreements


While not having enough control over a licensee can be result in an unwanted “Naked License," having too much control over a licensee can pose its own issues. Bill Samuels, Partner and Chair of the Copyright and Trademark Law Group at Scarinci and Hollenbeck, discusses how trademark owners can be at risk of "accidental franchise" (where you're deemed to be a de facto franchise by state or federal regulators) if they maintain too much control over their licensees. This can lead to potential penalties and fines for trademark owners and empower licensees with certain rights under law.

Interested in learning more about trademark licenses? Be sure to check out Bill's upcoming Master Class, Anatomy of Trademark Licensing.


DISCLAIMER: Because of the generality of this material, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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