Co-Branding: The Pros, the Cons, and the Uncertainty

By Kimra Major-Morris and Dineen Pashoukos Wasylik

©2019. Published in Landslide, Vol. 11, No. 5, May/June 2019, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

You have a strong brand. I have a strong brand. Let’s make money together! That’s the business case for co-branding. While there are many benefits to brands working together to leverage their respective bottom lines, there are also pitfalls and uncertainty when the issues are not thought through or when unresolved legal questions threaten the enforceability of the subject intellectual property licenses. When lawyers represent a partner in a potential co-branding situation, they must be sure to help the client think through the legal and nonlegal implications of such an arrangement to ensure all involved get the benefit of their bargain.

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