Agreements and Analysis

Protecting Your Intellectual Property with Licensing Agreements

A well-crafted licensing agreement is the bread and butter of many companies. The advantages of licensing a product are many. A business can:

  • Control who uses the product and how they use it.
  • Limit the license on a software product to one user, requiring the payment of a licensing fee on the transfer of the product.
  • Limit where and how a product is used. For example, a license on the logo of a professional sports team may limit the type of product on which the logo may appear.

Licensing agreements are particularly important to clients in the manufacturing, computer software and home theater industries, and thefashion industry.

At Hankin Patent Law, our intellectual property attorneys have vast experience crafting licensing agreements that protect companies’ intellectual property while optimizing revenue. Clients throughout California, across the United States, and around the world use our services because our lawyers are knowledgeable and experienced in all areas of intellectual property and technology licensing, including the use of “shrink-wrap” and “click-wrap” licenses. We have drafted and negotiated numerous OEM licenses, patent licenses, trademark licenses, and the like.

Hankin Patent Law often finds creative ways to leverage licensing agreements for our clients. In one successful case, we negotiated a multi-country license fortrademark rights and franchises for our client. The termination clauses included in the license were so favorable to our licensor-client that, when the licensee breached the licensing agreement, they ended up having to buy out our client on very favorable terms.

If you would like more control over who uses your product and how it is used, or if need to obtain rights to use under someone else’s intellectual property ownership rights, contact Hankin Patent Law to conduct a complimentary initial consultation.

Unfair Competition

Sophisticated Advice on False Advertising and Unfair Competition Claims

State and federal laws control competition by regulating activities that are considered unfair competition, such as:

  • false advertising and promotion
  • misleading or deceptive trade practices
  • palming off
  • trade dress violations

False or misleading advertising occurs when a business makes a statement, in advertising, that is either untrue or is likely to deceive the consumer as to the quality, source, origin, or endorsement of the product.

A business may be liable for “palming off” goods when the business holds out its goods to the public as being the goods of another or originating from another source. If your competitor tells someone that his goods are yours or that you manufactured his goods, he may be liable for palming off those goods.

A trade dress violation occurs when one company so closely copies the appearance of the product and/or packaging of a competitor that the consumer has difficulty telling the difference.

The attorneys at Hankin Patent Law have handled false advertising and other unfair competition claims under state (California Business and Professions Code Section 17200) and federal (Lanham Act, Federal Trade Commission Act) statutes. We regularly counsel clients on a wide range of issues related to false advertising, including deceptive trade practices, misleading promotions and trade dress violations, and regularly litigate these issues in state and federal court.

Our record speaks for itself. Mr. Hankin has successfully defended numerous manufacturers in false advertising cases. In one such case, for the manufacturer of a home-use medical product, the court dismissed a temporary restraining order, denied a motion for preliminary injunction, and dismissed with prejudice the lawsuit in favor of Mr. Hankin’s client.

Hankin Patent Law represents clients throughout California, the United States, and the world. If you have been the victim or have been accused of unfair competition, contact them for a consultation.

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