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Naked license

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Definition Edit

A naked license of a trademark occurs when the licensor “fails to exercise adequate quality control over the licensee.”[1] Where a licensor is found to have failed to exercise such control, “a court may find that the trademark owner has abandoned the trademark, in which case the owner would be stopped from asserting rights to the trademark.”[2]

References Edit

  1. Barcamerica Int’l USA Trust v. Tyfield Importers, Inc., 299 F.3d 589 (9th Cir. 2002) (full-text).
  2. Id. at 596.

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