By Glenn S. Demby, Esq. THE SITUATION Film studio Nonexistent Cinema licenses the characters from its highly anticipated sci-fi movie XYZ Force to manufacturer Fictitious Toys for an exclusive line of action figures to be sold under Fictitious's registered trademark, Pseudo Heroes®. THE AGREEMENT The licensing agreement grants Fictitious exclusive rights to use the XYZ … [Read more...] about Trap to Avoid: Using Licensee’s Brand to Define “Licensed Articles” in Your Exclusive
Law & Compliance
3 Licensing Lawsuits to Watch
NFL Players Sue FanDuel Already on the defensive for allegedly running a gambling operation without a license in states like Nevada and New York, daily fantasy football operators have a new legal problem. A group of NFL players led by Washington receiver Pierre Garcon filed a class action against FanDuel over its unlicensed use of the players' names and images for games and … [Read more...] about 3 Licensing Lawsuits to Watch
Licensee Accusation: Asics Deliberately Tried to Drive Us Out of Business
By Glenn S. Demby, Esq. What Happened: Asics gave Windsor Financial Group, LLC, financing and exclusive rights to open and operate 13 Asics stores, including flagships in Boston and New York. The deal was supposed to run for 20 years but a couple of years in, Asics terminated the agreement. As a result, Windsor had to close the stores and eat the millions of dollars it had … [Read more...] about Licensee Accusation: Asics Deliberately Tried to Drive Us Out of Business
Unlicensed Use of Trademark Brands in Video Games
EA shows Bell Helicopters in its Battlefield 3 video game Activision depicts the "Delta Force" logo in Call of Duty: Modern Warfare 3 In Sony's Gran Turismo 6, race cars pass under a bridge displaying the Virag® trademark Video games look and feel more realistic when they depict brands from real-life. But using a trademark brand without a license can also result in … [Read more...] about Unlicensed Use of Trademark Brands in Video Games