For perspective on this ruling, this article addresses the Chapter 11 impact on companies as both
licensors and licensees of intellectual property.
This is because the
licensor, who is frequently the IP owner,
It should also state whether the
licensor has a right to audit the books of the licensee and what procedures will take place if the
licensor finds a discrepancy in the books and how often the licensee must render statements of account to the artist and how detailed those statements must be.
The licensee must monitor the case and move promptly to exercise its rights when the
licensor debtor seeks rejection to prevent the
licensor from using bankruptcy to rescind the right to use IP.
This is a significant and welcome change in attitude by two leading
licensors. Whether or not the shift at IV was driven by public policy, it does represent economic common sense.
Other courts, relying on the language of comment (d), concluded that trademark
licensors could be held liable as ostensible manufacturers, even in the absence of evidence of participation in the chain of distribution, where the
licensor's name appeared on the product and there was no prominent disclosure of the actual manufacturer.
Although most licenses are held to be 'executory contracts' by bankruptcy courts, the license should specifically provide that the
licensor's failure to perform obligations constitutes a material breach of the license excusing performance by the licensee.
Through the Mediabox-DAM application
Licensors and Agents are able to grant their Licensees controlled access to the high-resolution artwork, logos, images, documents and other digital materials according to the contractual rights the Licensee has acquired.
Sole rights--only one licensee and the
licensor and permitted to produce and sell the product.
A
licensor of trademarks should control size, color, placement (including with other marks), texture and all other standards of use in its sole discretion.
In the following section, we discuss monopoly rents and licensing-related costs, explain some factors that influence a
licensor's exclusivity decision, and develop our propositions.
The
licensor (or any third party authorised by the
licensor) is able to enter and remain in that part of the premises occupied by the licensee and could change the area of the premises occupied by the licensee at any time;
