Carlton Fields intellectual property attorneys Clark Lackert and Jonathan Goodwill authored an article in the World Trademark Review titled, “Co-Branding: Cooperation or Competition?”
Their article discusses co-branding and its conveniences and cautions. Co-branding is an agreement between two parties to cross-license their respective trademarks to brand a new product or service.
The practice of co-branding can expose new audiences to a company, extend product or service lines, create publicity, and cement a stronger brand identity, but it can also increase competition between the two brands, confuse customers, and lead to legal issues related to improper trademark use, deficient products or services, and reputational damage.
Lackert and Goodwill advise that parties interested in co-branding should carefully think through all aspects of the agreement prior to the partnership, and continually monitor conditions throughout the agreement term.
Read the article. (Subscription may be required.)
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