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Seeking licensing advice Business Contracts

Discussion in 'Business & Corporate Matters' started by R92024, Feb 3, 2021.

  1. R92024

    R92024 Law Topic Starter New Member

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    Jurisdiction:
    California
    First off, I know the chances of selling or licensing an idea for big bucks are not great. But I’m going to give it my best shot.

    I’ve created an innovative product, and obtained IP protection on it.

    I believe it’s perfect for a particular international company to use as the centerpiece for a unique global marketing campaign.

    I have made a prototype of the product, and put together a quality video presentation outlining the ad campaign.

    If the company is interested, it could be worth a lot of money to them (their annual ad budget is $100 million). If they’re not interested, I have a few other possibles to approach; hey, nothing ventured, nothing gained, right?

    The goal is to enter into a licensing agreement.

    I would want professional representation to give advice on negotiating the price and contract. (How would a price be determined anyway?)

    Should I be seeking a Licensing Attorney, or a contracts attorney, or…?

    Many thanks.
     
    Last edited: Feb 3, 2021
  2. adjusterjack

    adjusterjack Super Moderator

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    My guess: An intellectual property attorney who would be experienced at both.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    What kind of "IP protection"? Unless that protection is a patent I think you'll find your product is not protected.

    If you don't have a patent, then I suggest you first stop should be a patent attorney. Otherwise, find an attorney experienced in selling/licensing products.
     
    Disabled Vet likes this.
  4. zddoodah

    zddoodah Well-Known Member

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    I'm curious about your use of "obtained IP protection." Does this mean you have patented your invention? If not, what does it mean?

    Any attorney who handles patent matters could potentially assist you (as long as you're willing to deposit a healthy retainer to cover fees).
     
  5. R92024

    R92024 Law Topic Starter New Member

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  6. R92024

    R92024 Law Topic Starter New Member

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    Thanks for your reply.
    I have a combination of copyright, trademark and design patent protection... but that's not the issue here.
    It's finding an attorney experienced with licensing.
     
  7. Zigner

    Zigner Well-Known Member

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    As pointed out above - an IP attorney would generally be the right person to speak to, since that's what you're concerned about (protection of your intellectual property).
     
  8. Zigner

    Zigner Well-Known Member

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  9. zddoodah

    zddoodah Well-Known Member

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    Is this the same product mentioned in your post from July 2019? In that post, you told us that you had "a design patent on the appearance of a product," that your "design patent expires in a couple of years," and that you were "exploring whether to apply for copyright protection as well."

    I wrote you a lengthy response that briefly touched on the distinction between design patents and copyrights. I also note that you mentioned that you'd been selling the product online for a decade, so it's certain possible that you acquired some trademark rights (although, again, trademarks rights cover something completely different from patents and copyrights).

    In any event, you were also urged at that time to seek counsel, but it seems maybe you didn't heed that advice, so here you are again, asking about that very same thing. Strange.
     
  10. R92024

    R92024 Law Topic Starter New Member

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    Thanks. I did hire an IP attorney.
    My question this time isn't about IP.
    I'm asking for advice on the best person to handle negotiations for an international licensing deal. My IP attorney has zero experience with this; they focus purely on IP.
     
  11. army judge

    army judge Super Moderator

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    Perhaps you might ask your TRUSTED IP attorney for recommendations for the attorney you need to negotiate a sweet deal on your behalf.
     
  12. zddoodah

    zddoodah Well-Known Member

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    There's no such thing as "a Licensing Attorney, or a contracts attorney."

    If your attorney is worth a diddle, he/she should be able to recommend or help you find someone to assist with your negotiations (if they happen).
     
  13. R92024

    R92024 Law Topic Starter New Member

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    Thank you, yes. A lawyer explicitly experienced in dealing with negotiating the licensing of intellectual property.
     
  14. Zigner

    Zigner Well-Known Member

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    Licensing has EVERYTHING to do with IP. You are LICENSING your IP.
     
  15. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I could be wrong but what I believe the @92024 is looking for is a lawyer to negotiate contracts with clients.
     
  16. Zigner

    Zigner Well-Known Member

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    I agree - contracts relating to the licensing of intellectual property ;)
     
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