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