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(A) – identify and discuss key terms in the Trademark license.
- The license grant
This is at the core of a trademark license agreement because it offers definitions of the answers to the following key questions.
- the license grant defines the trademarks that are being licensed and the specific rights that are conveyed
- The license grant defines what the licensee is permitted to do with the licensed right. Similarly, it also defines what the licensee is prohibited from doing with the licensed rights. Particularly, the types of products the licensee is allowed to sell or manufacture, which channels of distribution, and which territories.
- Finally, the license grant defines whether the grant is non-exclusive or exclusive. Moreover, the owner of a trademark may also license the copyrights (for brand-related contents that are original, logos), and publicity rights (for the celebrity licenses) (Herzfeld & Bergovoy, 2007).
- Distribution channels and territories
Territory implies the geographic area whereby the license is allowed to the goods licensed and usually defined on a basis of a country.
Distribution channels mean the categories of buyers permissible from the licensee and the resellers of the licensed products to the general public. The most common channels of distribution include catalogs, the internet, specialty stores, mid-tier, and mass department stores.
According to Herzfeld & Bergovoy (2007), the conflict arises when negotiating the provision of channels where the licensor desire to only have the best quality and newest goods for sale in the chan.............
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