A licensing agreement may be a great opportunity for you and your business. But you must remember that this is a binding contract that cannot be breached or infringed upon. Otherwise, you may have legal action placed against you. Continue reading to learn some common cases of licensing agreement violations and how an experienced New Jersey intellectual property litigation lawyer at the Ingber Law Firm can work on your behalf.
What are the common cases of licensing agreement violations?
Firstly, you may enter a licensing agreement with an owner of an intellectual property if you want to be granted certain rights to their property. This is because such an agreement allows you and the owner to earn a profit somehow. However, you can easily violate the terms of your licensing agreement, even if it is done so unintentionally. Common examples of licensing agreement violations are as follows:
- You may continue using the property even after your license has expired.
- You may use the property in a way that goes beyond your certain granted rights.
- You may allow an unauthorized third party to use the property that was exclusively granted to you.
- You may fail to pay the royalties that you and an intellectual property owner agreed upon.
What is the difference between breaching and infringing upon a licensing agreement?
Of note, you may have legal action placed against you if an intellectual property owner believes that you breached or infringe upon your licensing agreement. Regardless of what your case may be, you must take such accusations seriously.
For one, a breach of a licensing agreement is when you exceed the limit of allowance that an intellectual property owner has granted you. For example, you may be accused of a breach of territory if your agreement discloses state-specific geographic restrictions yet you still overstep the borders of where you can utilize the property. Or, you may be blamed for a breach of term if your agreement discloses a specific timeframe yet you still overstep the borders of when you can utilize the property.
On the other hand, a licensing agreement infringement is when you use an owner’s intellectual property in a way that is out of bounds from their explicit permission. For instance, you may be accused of infringement if you allow another party to use the licensed material that was exclusively granted to you. Or, the situation may be reversed and you may hold the owner accountable for granting another party intellectual property rights that were supposed to be limited to you.
As you may likely conclude yourself, you may have an important case on your hands that requires immediate action. So you should not hesitate to contact a skilled Essex County, New Jersey intellectual property lawyer from the Ingber Law Firm.