A Critical Analysis of the Doctrine of Naked Licenses in Trademark Law

INTELLECTUAL PROPERTY AND INFORMATION WEALTH: ISSUES AND PRACTICES IN THE DIGITAL AGE, Peter K. Yu, ed., Vol. 3, p. 175, Praeger, 2007

Marquette Law School Legal Studies Paper No. 10-08

17 Pages Posted: 20 Mar 2010 Last revised: 13 Jan 2011

See all articles by Irene Calboli

Irene Calboli

Texas A&M University School of Law; Faculty of Law, University of Geneva; Hanken School of Economics; Singapore University of Social Sciences

Date Written: March 19, 2010

Abstract

This Chapter summarizes my criticims of the requirement of trademark licensing "with control" that I have developped in the Article, The Sunset of "Quality Control" in Modern Trademark Licensing, 57 American University Law Review, 341 (2007). Traditionally, the validity of trademark licensing has been based on the requirement that trademark owners guarantee the quality of the products produced by licensees or the licensing agreements can be considered “naked.” Courts elaborated this doctrine prior to the enactment of the Lanham Act of 1946 and have continued to follow it after its implementation. Since its inception, however, this doctrine has proved flawed and courts have often applied it inconsistently.

Keywords: trademark, licensing, naked licenses

JEL Classification: K1, K19

Suggested Citation

Calboli, Irene, A Critical Analysis of the Doctrine of Naked Licenses in Trademark Law (March 19, 2010). INTELLECTUAL PROPERTY AND INFORMATION WEALTH: ISSUES AND PRACTICES IN THE DIGITAL AGE, Peter K. Yu, ed., Vol. 3, p. 175, Praeger, 2007, Marquette Law School Legal Studies Paper No. 10-08, Available at SSRN: https://ssrn.com/abstract=1574976

Irene Calboli (Contact Author)

Texas A&M University School of Law

1515 Commerce St.
Fort Worth, TX Tarrant County 76102
United States

Faculty of Law, University of Geneva ( email )

Geneva
Switzerland

Hanken School of Economics ( email )

Helsinki
Finland

Singapore University of Social Sciences

Singapore
Singapore

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