Trademark law traditionally requires a trademark licensor to exercise sufficient quality control over a licensee that provides goods or services bearing the mark. Because a trademark is intended to denote to consumers what to expect from particular merchandise, it is expected that the trademark owner should insure that its licensees meet that expectation. The failure to exercise such control can have severe consequences including the abandonment and loss of all rights in a mark. In Eva’s Bridal Ltd. v. Halanick Enterprises, Inc., No. 10-2863 (7th Cir. May 10, 2011), the Seventh Circuit reaffirmed this traditional view that failure to exercise control over the quality of goods or services results in abandonment of the mark.

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Seminar Date:
July 19, 2011
Insufficient Quality Control Over Trademark Licensees Can Cause Trademark Rights To Be Abandoned
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