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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Thursday, May 30, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will provide guidance to counsel to companies involved in or considering co-branding partnerships. The panel will examine the factors companies should consider before entering a partnership. The panel will also discuss structuring the agreement, pitfalls of co-branding, special issues when working with a charity, and addressing disputes when problems arise.

Faculty

Ed Chansky
Shareholder
Greenberg Traurig LLP

Mr. Chansky focuses his practice in the areas of intellectual property (particularly development, selection, protection and licensing of trademarks worldwide) and advertising, sales promotion, and trade-regulation law, including charitable promotions, cause-related marketing, sweepstakes, contests, gift cards, eCommerce, substantiation of advertising claims, social gaming, social media, and all aspects of unfair or deceptive trade practices in a wide variety of industries. A trusted advisor to many national companies, Mr. Chansky is a frequent speaker at seminars and conferences on advertising and promotion law topics, including sweepstakes, premium production, coupon and rebate offers, charitable promotions, social gaming, and social media, and has helped shape state legislation affecting sales promotion matters. He also works with clients on a wide range of contract and licensing matters, including agency-client agreements in the advertising and sales promotion industries, software and website development, privacy policies and terms of use, and other matters affecting intellectual property, marketing and electronic commerce.

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Shana L. Olson
Counsel
Sterne Kessler Goldstein & Fox Pllc

Ms. Olson’s work focuses on U.S. and international trademark clearance, prosecution, enforcement, and portfolio management, and design patent prosecution. She has significant experience in trademark prosecution before the U.S. Patent & Trademark Office, inter partes proceedings before the U.S. Trademark Trial and Appeal Board, and domain name enforcement pursuant to the Uniform Domain Name Dispute Resolution Policy. Ms. Olson represents a diverse group of large and small clients in the biotech, pharmaceutical, entertainment, telecom, consumer products, media, food and beverage, and manufacturing fields. She has extensive experience in managing large domestic and international trademark portfolios, and has organized and implemented large-scale trademark enforcement campaigns.

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Description

BMW and Louis Vuitton. Nike and Apple. Betty Crocker and Hershey’s. Taco Bell and Doritos. Avon and Komen. These are examples of successful co-branding partnerships that benefited both parties. But Lego and Shell or Target and Neiman Marcus demonstrate that co-branding must be well conceived.

Protecting your client or company's brand requires contemplating the legal issues from the outset when selecting the partner. It requires careful consideration of new IP rights that may be created and the proper cross-licensing that still provides each protection. Equally important is an appreciation of the hidden benefits (or risks) that may flow from the partnership and ensuring that the economic benefit is shared appropriately. Plus, special tax and regulatory issues can apply when working with a charity.

Brand-savvy lawyers can play a critical role in helping shape a co-branding partnership by skillfully creating the necessary agreements that address IP ownership, rights to terminate, risk allocation, regulatory compliance, and allocation of non-cash benefits together with cash profits in an equitable fashion.

Surprisingly, many co-branding agreements overlook key issues such as the ownership of IP created jointly by the parties, data ownership/usage rights, regulatory compliance, or addressing how disputes will be resolved once the agreement ends.

Listen as our authoritative panel of IP attorneys examines the considerations companies need to think about before agreeing to co-brand. The panel will discuss structuring the agreement, key provisions, etc., and the pitfalls of co-branding (even if it’s successful). The panel will also address how to deal with disputes when problems arise.

Outline

  1. Considerations companies need to think about before agreeing to co-brand
  2. Structuring the agreement
    1. Creation of content
    2. Licenses
    3. Co-branding
    4. Compensation
    5. Termination
    6. Indemnity
    7. Liability
    8. Ownership
    9. Rights in customer data
  3. Pitfalls of co-branding (even if it's successful)
  4. Regulatory issues when working with a charity
  5. Dealing with disputes when problems arise

Benefits

The panel will review these and other key issues:

  • What key provisions should be addressed when structuring a co-branding agreement?
  • What are the pitfalls of co-branding, even if the partnership is successful?
  • What guidelines should the parties put in place to govern the business relationship?