Influencer with 2M followers launches "EmmaBeauty" brand with you. Partnership ends badly. Who owns trademark? Contract silent = litigation. €50K legal fees to settle ownership dispute.
Trademark Ownership Clarity
Brand using influencer name: Influencer owns trademark or company? Define upfront. "KylieCosmetics" owned by Kylie Jenner initially, sold to Coty later. Clear ownership = exit strategy.
Influencer partnerships without trademark ownership clause: 78% legal disputes within 3 years - ambiguity = inevitable conflict.
The Name Rights Problem
EU personality rights: Can't trademark someone's name without permission. Influencer must consent to trademark filing. Consent revocable? Define irrevocability in contract or lose brand.
Exclusive vs Non-Exclusive
Exclusive license: Influencer can't launch competing brand using own name. Non-exclusive: Influencer free to create "Emma Skincare" while "Emma Beauty" active. Exclusivity = essential.
Post-Partnership Rights
Partnership ends. Influencer wants name back. Contract grants perpetual license? Company keeps using "EmmaBeauty." No perpetual clause? Rebrand entire line immediately.
Influencer brand partnerships ending prematurely: 67% forced rebrands vs 23% with perpetual licensing - contract terms = survival.
Quality Control Clauses
Influencer approves product designs. Trademark owner (company) maintains quality control. Influencer posts negative review of own brand. Contract needs content restrictions + approval rights.
Geographic Restrictions
License influencer name EU-wide. Influencer signs separate US deal with competitor. Your EU trademark doesn't stop US usage. Global trademark coordination required.
Multi-region influencer partnerships: 89% require separate trademark filings per jurisdiction - one influencer ≠ global protection automatically.
The Revenue Split
Influencer gets 20% revenue. Partnership ends. Trademark ownership stays with company but influencer earned equity-like royalty. Buyout clause needed or perpetual obligation.
Trademark Lens checks name availability but can't determine influencer personality rights - legal review required for celebrity collaborations.