The enactment of the Lanham Act in 1946 gave legislative sanction to the practice of licensing trademarks for use by persons other than the trademark owner. In granting this approval, the Act required concomitantly that the trademark owner "control" the nature and quality of goods produced by his licensees and carrying his trademark. An examination of post-1946 cases, however, reveals that some courts have upheld licensing agreements in which there was very little "control" and that courts generally have failed to scrutinize diligently the licensors' actual exercise of control. This comment seeks to examine the manner in which courts have dealt with the Lanham Act's "control" requirement and to explore the implications which this has for the use of trademarks today.
Trademark Licensing: The Problem of Adequate Control,
1968 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol17/iss5/2