• Trademark Licenses
  • January 17, 2011 | Authors: Philip Y. Braginsky; Scott D. Stimpson
  • Law Firm: Sills Cummis & Gross P.C. - New York Office
  • A Federal appeals court recently re-affi rmed the importance for a trademark owner to adequately control others who use its trademarks by permission. The opinion in FreecycleSunnyvale v. The Freecycle Network, 626 F.3d 509 (9th Cir. 2010) (attached) is yet another example of the pitfall of “naked licensing,” which occurs when a trademark owner fails to adequately control a licensee’s use of the trademark. The consequence of naked licensing is that the trademark owner forfeits the right to exclude others from using the trademark.