In class this week we talked about the black letter trademark law rule:
Valid trademark licensing requires quality control.
Easy to say, but what does it really mean?
What is "quality control"? We got around that rather easily. We don't care about the quality, only the control.
But how much control is needed? Well, experience and case law preaches this: not much. As I've said before, how can the Chicago Cubs control quality over the logo on licensed baseball caps, if they can't control the quality of a baseball game?
A joke of course, but still . . .will the Sox do better? Our office is split.
Finally, does the failure to control automatically result in the loss of trademark rights . . . or, does it merely create the conditions that may result in the lose of right?
Cases suggest both possibilities, with the more thoughtful, recent cases going for the latter. That seems to my mind most consistent with the provisions of the Lanham Act.
Your thoughts?
