TRADEMARK LICENSES FOR BOOKS

Publishers of all types of books are increasingly partnering with other parties, including magazine and newspaper publishers, other media companies, consumer product companies and nonprofit organizations, to take advantage of the consumer recognition associated with the brands of those companies. In a typical deal, the publisher gets a license to use the trademarks of the company or organization in exchange for a royalty from sales of books bearing the trademarks. In some cases, the company may also provide content to the publisher for use in the licensed books.

Some of the key issues to be addressed in putting together a trademark license deal for books are as follows:

Exclusivity

Scope of License

Marketing and Distribution

Performance Standards

Trademark licenses for books can be of benefit to a publisher, provided the trademarks being licensed have consumer recognition and provided there is a good fit between the trademarks and the content of the books for which they will be used. However, publishers should ensure that their investment in the licensed books will be protected, and that they will have a fair opportunity to recoup that investment.