Protecting your company’s name, logo and/or mark (collectively, the “Company Marks”) from unauthorized use should always be a priority when drafting an agreement.  Including a use of name/advertising provision in the agreement that limits the use of the Company Marks in any advertising or promotional literature without your company’s prior written permission can protect unauthorized use.  Such a provision puts the opposing party on notice that the use of the Company Marks without permission is a breach of your legal right and can result in a potential claim by your company.  It is important to remember that the Company Marks can be a valuable marketing tool that an opposing party to a contract could potentially use to gain additional customers for its product or service (resulting in monetary gain for the opposing party, not your company). Consequently, a use of name/publication provision should, at minimum, require the opposing party to seek written permission from the owning party (the company) prior to each instance of use of the Company Mark.

This entry was posted on Tuesday, February 17th, 2009 at 1:07 am and is filed under Agreements, Contracts, Procurement, Transactions. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.