Timing is crucial--once the agreement is executed, the licensor
is not obligated to entertain any requests for changes.
It is important for the licensor
to monitor the bankruptcy case.
On these facts, the Massachusetts Appeals Court found that the trial judge correctly had instructed the jury that a non-seller trademark licensor
who participates substantially in the design, manufacture or distribution of the licensee's products may be held liable under Massachusetts law as an apparent manufacturer.
Section 365(n) applies if each of the following three conditions exist: (a) the debtor is a licensor
, (b) the license is for 'intellectual property' as defined by the Bankruptcy Code and (c) the license has been executed before the commencement of the bankruptcy case.
Sole rights--only one licensee and the licensor
and permitted to produce and sell the product.
Building strong business relationships between the licensor
and its licensees, and broadening the skills of company personnel are often overlooked benefits of licensing.
For instance, suppose a master licensor
or head licensee is a foreign corporation instead of a domestic corporation, or the transaction involves one or more entities that are not corporations (e.
developer and licensor
of the MuCell microcellular foam process, to market the RHCM process worldwide.
318 FSupp 1116 (SD NY 1970)) lists 15 factors useful in analyzing royalties, among which are factor 5, the commercial relationship between the licensor
and licensee, and factor 13, the realizable profit that should be credited to the invention (see "Guidelines from Georgia-Pacific," page 37).
Signature Apparel, licensor
of Sketchers sportswear apparel line.
Each software licensor
has a standard, boilerplate agreement.