Title Class 4.pptx ✅

Prof. Dr. Irene Calboli Regents Professor, Texas A&M University School of Law Academic Fellow, University of Geneva School of Law Irene Calboli [email protected] Trademark Transactions: Class 4
Today’s Topics Character merchandising Using trademarks as collateral and security interest Overlapping Trademark/Copyright in the context of transactions Class exercises
Securitization of Trademarks Secured transactions involving trademarks can be structured as collateral assignments, where title to the mark is immediately transferred to the lender; as conditional assignments, where title is not transferred to the lender until default; or as UCC security interest liens. et, because lenders rarely have an interest in using a mark, collateral assignments are typically structured as assignments and licenses-back. To avoid the duty of monitoring the quality of the products, secured transactions are also generally structured as conditional assignments. Yet, the Lanham Act does not distinguish between conditional and final assignments. If parties want to record the transaction with the USPTO as future notice against third parties, conditional assignments should also include the transfer of goodwill. Confirming the trend toward a flexible interpretation of Section 10, the majority of the judiciary has thus lowered the standards for the validity of both collateral and conditional assignments in secured transactions in the past years.