QUESTION

What would be verbiage I could use on my product that I am making as an accessory to another product who I have a licensing agreement with?

Asked on Sep 07th, 2013 on Intellectual Property - Michigan
More details to this question:
I have a licensing agreement with another company (ABC LLC) who makes a toy item. And I am making an accessory to sell for this toy item. What would be the verbiage I could put on my product that shows the relationship? For example, would it be, "Licensed through ABC LLC", "Licensed by ABC LLC", Official License Through ABC LLC", etc.?
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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If you have a licensing agreement with ABC LLC, first and foremost, I would encourage you to review the license and see if the terms of publicly disclosing the licensing the agreement are discussed. Often, a licensor has specific language they want you to use and any variation on that language could create a breach of contract issue. That said, there is no magic language that is appropriate. More elaborate language might be useful if you are trying to sell your product off of the goodwill of ABC LLC (e.g., Official Licensed Product of ABC), whereas if you are only looking to make it clear that your product will fit/accessorize with the ABC toy, something simple avoids overshadowing your brand (e.g., Licensed by ABC LLC).  If you are an exclusive licensee, you may want to insert that 'exclusive' term in there as well, as it lets consumers know you don't have a licensed competitor.
Answered on Sep 10th, 2013 at 9:28 AM

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