Legal Question in Intellectual Property in California
Damsel in Distress
Hi I have a small clothing company and I approached another business for an idea I had to incorporate their logo into one of my desings. They loved the idea and asked that I send over my agreement. I'm sooo strapped for money, I was wondering if any one would be kind enough to point me in the right direction for a downloadable license agreement for the right to use another company's logo. Thank you sooo much. xoxo danielle
2 Answers from Attorneys
Re: Damsel in Distress
Don't use the Internet. Even if you find a form it may not properly protect you and the other side may want changes. Then what do you do? If you would like a complimentary phone consult please call. I have various fee arrangements for clients. You can check my site at spmlawyer.com
Re: Damsel in Distress
Is the logo trademarked? Is it copyrighted? More likely, the former. If not, would it be treated as an unregistered trademark, or as a creative work eligible for copyright? More likely, the former. Both parties need to decide this as a starting point. Maybe this has been handled already.
Next, I suggest looking for a paperback self-help law book of the kind published by Nolo Press, among others. Look for one that covers trademarks (and/or copyrights). These books tend to be written from the standpoint of the author, artist or trademark owner, rather than the licensee, but to the extent they contain sample licensing agreements, they work for both parties.
You can find books like this on line at Amazon, etc., but if you browse through a large bookstore you might be better able to determine whether a given book has adaptable sample licensing agreements or not.
If you don't find anything, try your county law library. Tell the librarian what you're looking for. The practice aids and treatises in a public law library will be less user-friendly than in a self-help book, but if you're lawyer-minded, you may be able to find and adapt a form.
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