Trade-Mark Due Diligence in Acquisitions

Effective due diligence is one of the best ways to avoid costly and disruptive surprises when acquiring or licensing trade-marks, allowing the purchaser or licensor to determine whether it wishes to proceed with the transaction, for what price, and on what terms and conditions. Effective diligence can also identify deficiencies with the target marks and gaps in the target’s trade-mark coverage and protection, bringing to light important contractual limitations on the target’s use of the marks and potential infringement liabilities.

While general due diligence checklists are often helpful in generating basic information required for trade-mark due diligence, they are generally ...