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Trademark Licensing Protection Act of 2023
3/13/2024, 1:59 AM
Summary of Bill S 2173
Bill 118 s 2173, also known as the Trademark Licensing Protection Act of 2023, is a piece of legislation currently being considered by the US Congress. The main purpose of this bill is to provide protection for trademark licensees in the event that a licensor files for bankruptcy.
Under the provisions of the bill, if a licensor files for bankruptcy, the licensee would have the right to continue using the trademark as long as they continue to meet the terms of the licensing agreement. This would prevent the licensor or the bankruptcy court from terminating the licensing agreement and forcing the licensee to stop using the trademark.
Additionally, the bill would require the licensor to provide notice to the licensee of their intent to reject the licensing agreement as part of the bankruptcy proceedings. This would give the licensee the opportunity to negotiate with the licensor or seek alternative arrangements to continue using the trademark. Overall, the Trademark Licensing Protection Act of 2023 aims to provide stability and protection for trademark licensees in the event of a licensor's bankruptcy. It seeks to ensure that licensees are not unfairly penalized or forced to stop using a trademark that they have invested time and resources into developing.
Under the provisions of the bill, if a licensor files for bankruptcy, the licensee would have the right to continue using the trademark as long as they continue to meet the terms of the licensing agreement. This would prevent the licensor or the bankruptcy court from terminating the licensing agreement and forcing the licensee to stop using the trademark.
Additionally, the bill would require the licensor to provide notice to the licensee of their intent to reject the licensing agreement as part of the bankruptcy proceedings. This would give the licensee the opportunity to negotiate with the licensor or seek alternative arrangements to continue using the trademark. Overall, the Trademark Licensing Protection Act of 2023 aims to provide stability and protection for trademark licensees in the event of a licensor's bankruptcy. It seeks to ensure that licensees are not unfairly penalized or forced to stop using a trademark that they have invested time and resources into developing.
Congressional Summary of S 2173
Trademark Licensing Protection Act of 2023
This bill establishes that licensing a trademark or trademark registration for use by a related company does not contribute to establishing an employment relationship between the licensor and the licensee, nor does a licensor's exercise of control over how the licensed trademark is used.
Read the Full Bill
Current Status of Bill S 2173
Bill S 2173 is currently in the status of Bill Introduced since June 22, 2023. Bill S 2173 was introduced during Congress 118 and was introduced to the Senate on June 22, 2023.  Bill S 2173's most recent activity was Read twice and referred to the Committee on the Judiciary. as of June 22, 2023
Bipartisan Support of Bill S 2173
Total Number of Sponsors
1Democrat Sponsors
0Republican Sponsors
0Unaffiliated Sponsors
1Total Number of Cosponsors
14Democrat Cosponsors
2Republican Cosponsors
10Unaffiliated Cosponsors
2Policy Area and Potential Impact of Bill S 2173
Primary Policy Focus
CommerceAlternate Title(s) of Bill S 2173
Trademark Licensing Protection Act of 2023
Trademark Licensing Protection Act of 2023
A bill to amend the Trademark Act of 1946 to provide that the licensing of a mark for use by a related company may not be construed as establishing an employment relationship between the owner of the mark, or an authorizing person, and either that related company or the employees of that related company, and for other purposes.
Comments
Sponsors and Cosponsors of S 2173
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