2025 Licensing Update: Trademark Licensing

April 7, 2025

By B. Brett Heavner; Yinfei Wu; Kevin C. Lam

Finnegan attorneys Brett Heavner, Kevin Lam and Yinfei Wu authored Chapter 3 of the Trademark Licensing Update. Trademark licensing is the process by which a trademark owner (i.e., the licensor) allows another (i.e., the licensee) to make, sell, and/or distribute goods or services under the licensor's trademark. It is one of the most effective ways to maximize the value of and expand geographically any goodwill associated with the licensor's trademark. In 2023 and 2024, the First Circuit, the Western District of Kentucky, the Western District of Washington, the Southern District of Ohio, and the District of Oregon addressed important issues relating to trademark licensing. This chapter reviews these trademark licensing cases, addressing naked licensing, holdover licensee, required parties to join, use and priority, first-sale doctrine, and perpetual license.

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Reprinted with permission from the IP Litigator, published by Wolters Kluwer. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm’s clients.