2001002 Informal Interpretation

Date:

Tags:

Rule:
801.2
Staff:
Anne Six
Response/Comments:

We agree with your analysis.

Question

From: Six, Anne


Sent: Tuesday, January 14, 2020 9:01:50 AM (UTC-05:00) Eastern Time (US & Canada)


To: [Redacted]


Cc: HSRHelp


Subject: FW: Exclusive License Confirmation

[Redacted] We agree with your analysis.

Best,

Anne

From: [Redacted]


Sent: Friday, January 10, 2020 1:47:58 PM (UTC-05:00) Eastern Time (US & Canada)


To: HSRHelp


Cc: [Redacted]


Subject: Exclusive License Confirmation

Hello everyone,

X will acquire an exclusive worldwide license from Y to use Y’s trademark and certain images developed by Y in connection with a product that X is developing. Y will retain all rights to use its trademark and images in all other types of products. X will not acquire any rights to patents from Y. X will pay Y a fee and a percentage of the revenues it will obtain once it markets the product under development.

Under Informal Interpretation #0812010 (copied in full below), we understand that X will not be deemed to be acquiring from Y any assets under the exclusive license described above. Given the age of Informal Interpretation #0812010, we are writing to confirm that it still reflect the PNO’s position on this issue. Please advise.

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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