Title

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

Document Type

Book Section

Publication Year

2006

ISBN

978-0-275-98882-1

Abstract

This Chapter summarizes my criticism of the requirement of trademark licensing "with control" that I have developed 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.

First Page

175

Last Page

190

Num Pages

16

Publisher

Praeger - Greenwood Publishing Group

Editor

Peter K. Yu

Book Title

Intellectual Property and Information Wealth: Issues and Practices in the Digital Age

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