S 4976 — Trademark Licensing Protection Act of 2022

Summary

Trademark Licensing Protection Act of 2022 This bill establishes that licensing a trademark or trademark registration for use by a related company does not contribute to establishing an employment relationship between the licensor and the licensee, nor does a licensor's exercise of control over how the licensed trademark is used.

Bill Text

• Introduced Introduced in Senate Current html September 28, 2022

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill clarifies that licensing a trademark for use by a related company does not create an employment relationship between the trademark owner and the related company or its employees.

• 15 U.S.C. 1055

  Where a → (a) In General.--Where a

  The introductory phrase is modified to clarify that the section has a general premise.

• 15 U.S.C. 1055

  (b) Consistency in Use.--

  A new subsection is added to address the relationship between trademark licensing and employment.

• 15 U.S.C. 1055

  `(A) the term `authorizing person' means a person that is authorized by the owner of a mark to license that mark for use by a related company;

  Defines the term 'authorizing person' for clarity in terms of licensing.

• 15 U.S.C. 1055

  `(B) the term `communicate', with respect to subparagraph (D)(i)(II), does not include any communication related to a personnel or employment policy or procedure;

  Clarifies that certain communications are not considered within the scope of 'communicate' as it relates to employment policies.

• 15 U.S.C. 1055

  `(C) the term `employment relationship' means any type of joint employer relationship, single employer relationship, or other employment-related status or relationship;

  Defines 'employment relationship' to clarify its legal context.

• 15 U.S.C. 1055

  `(D) the term `exercise control over the mark'--

  Introduces a definition for 'exercise control over the mark'.

• 15 U.S.C. 1055

  `(E) the term `franchise' means a franchise, as defined--

  Adds a definition of 'franchise' that is relevant to the context of trademark licensing.

• 15 U.S.C. 1055

  `(F) the term `franchisee' means a franchisee, as defined--

  Adds a definition of 'franchisee' for consistency with franchise terminology.

• 15 U.S.C. 1055

  `(G) the term `franchisor' means a franchisor, as defined--

  Adds a definition of 'franchisor' in line with the other added terms.

• 15 U.S.C. 1055

  `(H) the term `personnel or employment policy or procedure' means--

  Defines 'personnel or employment policy or procedure' to establish the limits of control over related companies.

• 15 U.S.C. 1055

  `(2) Applicability.--For the purposes of the National Labor Relations Act (29 U.S.C. 151 et seq.) and the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), none of the following may be construed, alone or in combination with any other factor, as establishing an employment relationship between the owner of a mark that is a franchisor, or an authorizing person that is a franchisor, and a related company with respect to that franchisor, or the employees of that related company:

  Clarifies the applicability of the definitions in labor law contexts.

• 15 U.S.C. 1055

  `(A) The licensing of the mark for use by that related company or the employees of that related company.

  States explicitly that licensing does not create an employment relationship.

• 15 U.S.C. 1055

  `(B) Any exercise of control over the mark by that owner or authorizing person, as applicable--

  Clarifies the nature of control over the mark in relation to employee relationships.

Action History

1. September 28, 2022

   Introduced in Senate

2. September 28, 2022

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• King, Angus S., Jr. · Primary

Subjects