Slogan
I have been approached by an NFL team interested in my idea for a marketing campaign. Basically, it is a slogan the would be paired with their logo for advertising and for use on team merchandise. I am seeking advise as to what this is worth. I am meeting with the vice president of marketing on Friday, 9/11 and need some advice quickly.
Attorney answers (6)
Pamela Koslyn
Reputation Level 20
Answered over 2 years ago.
Intellectual Property Law Attorney in Los Angeles, CA.
Please see my Legal Guides on how to protect your ideas. Make sure they understand, and get it in writing, that you expect to be compensated for your idea and expressions of your idea. You're perhaps best off negotiating for a royalty on sales, with an advance against that royalty, and ironcald accounting and audit rights. I strongly recommend hiring an entertainment/sports/licensing lawyer and taking them with you to this meeting on Friday.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
2 people marked this answer as good
Glenn M. Lyon
Reputation Level 14
Answered over 2 years ago.
Business Attorney in Atlanta, GA.
Intellectual property such as slogans is often extremely difficult to value and usually simply determined by the parties involved and the speculation of use. You should speak with an intellectual property attorney before your meeting and most likely also retain him/her to assist with the negotiation.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
1 person marked this answer as good
S Quinn Johnson
Reputation Level 8
Answered over 2 years ago.
Intellectual Property Law Attorney in Atlanta, GA.
I agree with the suggestions given above.
Individuals attempting to license a slogan/trademark to an NFL Franchise face many significant decisions that affect their ability to commercially exploit those intellectual property rights and negotiate compensation. Some of the most critical issues include: term of exclusivity, structure of royalty payments and use (as an example, the use to certain applications, to certain affiliated products and merchandise, to certain geographical territories, or to certain markets).
I highly recommend that you contact an Intellectual Property Attorney to join you when meeting with the VP of Marketing.
THE COMMENTS CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL USE ONLY- NOT AS LEGAL OPINION. NO ATTORNEY/CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.
1 person marked this answer as good
John Duy Tran
Reputation Level 8
Answered over 2 years ago.
Intellectual Property Law Attorney in Irvine, CA.
Slogans are protectable via U.S. Trademark Law. However, the valuation of any intellectual property (e.g. patents, trademarks, copyrights etc...) is often very difficult and deals with a variety of factors (e.g. strength of mark, size of market, prior relationship between buyer/purchaser, trademark registration validity etc...)
A common approach is to attempt to identify similar slogans used in the same market and attempt to determine the value by prior assignment or purchase agreeements. If this information is not available to you then most likely you might have to rely heavily on the valuation by the purchaser (NFL) and then negotiate from there.
3 people marked this answer as good
Daniel Nathan Ballard
Reputation Level 18
Answered over 2 years ago.
Intellectual Property Law Attorney in Sacramento, CA.
Follow Ms. Koslyn's suggestions. Also, it makes much sense to file an "intent to use" trademark registration application for the slogan before you go to the meeting. You should spend an hour or so with a trademark attorney who can file the application for your properly. Good luck.
2 people marked this answer as good
Clark AD Wilson
Reputation Level 12
Answered over 2 years ago.
Intellectual Property Law Attorney in Atlanta, GA.
My colleagues above have provided some good advice. If you want further clarification, I am in Atlanta and can be reached at the contact information on my page.
1 person marked this answer as good
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