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The cost to the licensor in developing a technology, the cost of building the value of a trademark or the normal market risks of the licensee in the choice of product, and concomitant capital costs, are not generally part of the compromise equation, significant as these factors may be to each of the negotiating parties.
Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
It has a much wider meaning and refers to the proprietary visual, emotional, rational, and cultural image that customers associate with a company or product. [9] [35] A trademark, by contrast, offers legal protection for a brand with enforceable rights over the brand's identity and distinguishing elements. [35]
After Fisher-Price recalled a large number of Sesame Street brand toys (among multiple licenses) in 2007, Sesame Workshop announced that they would independently inspect the products of all manufacturers.
In 2020, trademark applications marked the sharpest declines and inclines in American history. During the spring, COVID-19 lockdowns led to reduced filings, which then increased in July 2020 to exceed the previous year. August 2020 was subsequently the highest month of trademark filings in the history of the U.S. Patent and Trademark Office. [92]
"If you bought a laptop that costs $1,000, the laptop might cost $600 to $700 to manufacture, but if you bought a lipstick for $25, it might cost 25 cents to manufacture," he said. "The same holds ...
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