Defining the Breach: License Agreement v. License Infringement

Two companies enter into an intellectual property licensing agreement. Later, a dispute erupts over whether the licensee has used the IP outside the scope of the license agreement such as marketing a brand on a new product line or selling patented goods in another territory. Does this extra-license use constitute breach of license agreement? Infringement of the IP rights or both? Or, is it license infringement?

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.