Software Licensing and Trademarks (Video Content)

Amy's Daughter Kathleen Running Proprietary Software

I have noticed a new trend in software license agreements.  It is the inclusion of a provision that permits software companies to use the trademarks owned by its customers for its own marketing purposes. Specifically, many software license agreements now include a "license back" of sorts in rights to use the software licensee's name, logos, trademarks, service marks and "marketing materials" in the software company's own customer lists, RFPs, customer reference lists (for reference purposes), and in advertising or promotional materials.

I do not like these provisions and here's why.

Confidentiality

Many contracts include confidentiality provisions in light of the sensitive information that must be shared for a software provider to provide the contracted for software services.  These confidentiality provisions may include within the designation of "confidential information" the mere existence of