It is important for the licensor
to monitor the bankruptcy case.
The best way to manage this risk is to ensure the licensing agreement gives the licensor
adequate quality control.
Fifteen patent owners are licensors
in the pool operated by One-Blue, namely Cyberlink, Dell, Fujitsu, Hewlett- Packard, Hitachi, JVC Kenwood, LG, Panasonic, Philips, Pioneer, Samsung, Sharp, Sony, Taiyo Yuden, and Yamaha.
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.
However, by understanding the effect of the Bankruptcy Code, including the rights and obligations under section 365(n), as well as taking into account the foregoing drafting techniques, licensors
and licensees can better prepare themselves for the unexpected notice of their counterparty's bankruptcy filing.
Non-exclusive rights--a number of licensees and the licensor
are permitted to produce and sell the product.
Building strong business relationships between the licensor
and its licensees, and broadening the skills of company personnel are often overlooked benefits of licensing.
vary from offering no warranty at all, warranting the media only for a very limited time to warranting that the software, if used in accordance with the documentation, will achieve substantial functionality for a limited time.
PLN offers licensors
access to local market familiarity for developing more effective regional strategies and who's who knowledge in each territory of the region.
The license agreement sets out the rights, privileges and obligations of both the licensor
This translates to the highest exposure to licensors
of their valued properties, and in the largest selection of properties for licensees--an ideal environment for both sides.
expectations -- licensors
are banking on a strong slate of "merchandisable" pics, including one of Hollywood's most profitable franchises, to provide a much-needed boost to the $12 billion-a-year worldwide industry.