Hidden IP Risks In Retail Vendor Agreements

In the retail sector, brand names are king, often influencing buying decisions more than price or product features, which is why most retailers go to great lengths to protect their intellectual property. In contract negotiations with vendors, safeguarding brand assets such as the retailer's name, logos, trademarks and other IP, is a key objective, and most retailers will insist that vendors seek their prior consent before using their IP.

Despite this focus, retailers can unknowingly provide consent just by accepting the terms in a vendor's order form or simple vendor agreement, effectively diluting any time, effort and investment already spent on IP protection. It can also impact potential licensing revenue opportunities, and expose the retailer to reputational and financial harm. One way to prevent such inadvertent grants of consent and protect IP assets is taking the time to carefully review vendor agreements, including not "clicking to agree" to online terms