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Court cases highlight product liability for licensors


A common objective of a brand owner when entering into a licensing agreement is to ensure that its licensee assumes all responsibility for manufacturing the licensed products and all liability for consequences as a result thereof. While the typical trade mark licence includes certain indemnification provisions aimed at ensuring that the licensor achieves this objective, a few recent court decisions have highlighted instances where such standard indemnification provisions do not sufficiently protect licensors. Such decisions reveal an emerging issue with respect to product liability that brand owners engaged in licensing their trade marks must pay careful attention to, namely the possibility that they will be held liable for injuries resulting from the...


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@BlogTradeSecret @RMarkHalligan Thanks Eric!

Sep 29 2016 08:27 ·  reply ·  retweet ·  favourite
ManagingIP profile

@aaronwood Is it use in the course of trade? Also, would there be a defence under Art 14 of the new Directive?! https://t.co/kwGSPsBhI2

Sep 29 2016 05:27 ·  reply ·  retweet ·  favourite
ManagingIP profile

Our very informative and practical #tradesecrets #DTSA webinar now recorded for you to listen/view at leisure https://t.co/mtTRE1tM8Y

Sep 29 2016 05:18 ·  reply ·  retweet ·  favourite
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