Reprinted with permission from INTA Bulletin, Vol. 65, No.
18 – October 15, 2010, Copyright © 2010
International Trademark Association
The web 2.0 world continues to revolutionize the ways that
companies do business. How have these changes impacted trademark
licensing? While the tips provided in this article approach the
topic from the perspective of a trademark licensor in the United
States, the issues it discusses apply to trademark licensees and
licensors outside the United States as well.
Tip No. 1: Include online provisions in every trademark
license agreement. Given the vast appeal and reach of the
internet, a trademark licensor would be well advised to assume that
each of its licensees will want to both market and sell the
licensed products and services online. This remains true even if
the trademark licensor itself has no online presence or only a
marketing, not sales, presence. Indeed, a savvy licensee may view a
limited licensor online presence as an
