A Critical Analysis of the Doctrine of Naked Licenses in Trademark Law
Document Type
Book Section
Publication Date
12-2006
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
Recommended Citation
Irene Calboli,
A Critical Analysis of the Doctrine of Naked Licenses in Trademark Law,
in
Intellectual Property and Information Wealth: Issues and Practices in the Digital Age
175
(Peter K. Yu eds., 2006).
Available at:
https://scholarship.law.tamu.edu/facscholar/705