Alabama Merchandising License Agreement

State:
Multi-State
Control #:
US-1031BG
Format:
Word; 
Rich Text
Instant download

Description

A merchandise license agreement describes the terms through which the owner of intellectual property, notably in the form of a trademark, service mark or copyright, grants a party, called the licensee, the right to use the property for distribution, marketing, and sale. These agreements can vary in length and complexity and can be as broad or as limiting as the owner of the property desires. Among the issues addressed in a merchandising license agreement are the types of rights allowed, what products the license covers, the duration of the agreement, and compensation and payment terms. In most cases, the owner of the merchandise, identified in an agreement as the licensor, receives an advance payment at the time the agreement is signed and royalty payments based on a percentage of merchandise sales throughout the period the agreement is in effect. The agreement also addresses the obligations of the licensee. In addition to payment terms, these can include responsibility to make a good faith effort to sell the licensed products. Should the licensee fail to meet their obligations, the licensor has the right to terminate the agreement. This action is typically avoided at all costs, however, since the termination of a merchandising license agreement can result in a loss of income and missed opportunities to capitalize on the property by the licensor, and the waste of an often-substantial investment by the licensee.
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FAQ

The university owns the rights to those two phrases as well as five other names -- including "Alabama" -- and 36 logos, seals, and symbols. Any use of a university trademark requires written approval from the Collegiate Licensing Company (CLC), which administers university licensing.

A product (or merchandise) license allows licensees to leverage popular IP to create branded products, usually for a specific period of time. Once the rights have been secured, the licensee manufactures product using the licensed IP, and in return pays the licensor a royalty for its use.

In the midst of a lawsuit by the University of Alabama over the proper use of Crimson Tide colors and logos, the University has officially trademarked Roll Tide as its own property.

The university owns the rights to those two phrases as well as five other names -- including "Alabama" -- and 36 logos, seals, and symbols. Any use of a university trademark requires written approval from the Collegiate Licensing Company (CLC), which administers university licensing.

Alabama owns 'Alabama' The university has the rights, titles and interest in 36 indicia -- trademarks, service marks, trade names, designs, logos, seals and symbols. There are primary marks, secondary marks, helmet marks, words marks, traditional marks, youth marks and even verbiage.

To sell a licensed product you must have the blessing of the person holding the product's rights. This is legally non-negotiable territory. Failing to secure permission to license a product will almost certainly result in costly legal action.

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of RTR Direct, LLC. The collective work includes works that are licensed to RTR Direct, LLC.

Roll Tide (or Roll Tide Roll) is the rallying cry for the Alabama Crimson Tide athletic teams. The trademark to the phrase is claimed by the University of Alabama, with licensing and marketing by The Collegiate Licensing Company.

If you want your business to survive after a few sales, you'll need to get licensing from the copyright and trademark owners. Without a licensing agreement, your merchandise could be seized at the border, or you could get sued and have your company shut down by the intellectual property (IP) owners.

TIDE Trademark - Registration Number 4672438 - Serial Number 85925051 :: Justia Trademarks. 260118, 260121 - Three or more concentric circles.

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Alabama Merchandising License Agreement