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.
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.
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.
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.