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  • 15 - Trademark and Franchise Licensing

  • from Part III - Industry- and Context-Specific Licensing Topics
  • Jorge L. Contreras, University of Utah
  • Book:
    Intellectual Property Licensing and Transactions
    Published online:
    21 June 2022
    Print publication:
    30 June 2022, pp 462-492
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  • Summary

    Chapter 15 focuses on legal issues surrounding the licensing of trademarks, brands, designs, trade dress and characters. It covers the historical development of the naked licensing and abandonment doctrines (Dawn Donut) and explores the issue of quality control through BarcAmerica v. Tyfield Importers and different examples of quality control clauses. It next addresses the related issue of trademark usage guidelines. It concludes with a discussion of franchising agreements, a special category of trademark licenses that often include stringent business format requirements and are regulated under state law. Franchise disputes are illustrated with IHOP Restaurants v Moeni.