Co-Branding Partnerships and Joint Ventures: When It Works and Creating the Proper Deal Documents to Protect Your Client’s Interests

Counsel Shana Olson was a presenter during the “Co-Branding Partnerships and Joint Ventures: When It Works and Creating the Proper Deal Documents to Protect Your Client’s Interests” webinar hosted by Strafford on May 30, 2024.

The webinar guided companies involved in or are considering co-branding partnerships and examined the factors they should consider before entering a partnership. The presenters also discussed structuring the agreement, pitfalls of co-branding, special issues when working with a charity, and addressing disputes when problems arise.

Webinar Overview
BMW and Louis Vuitton. Nike and Apple. Betty Crocker and Hershey’s. Taco Bell and Doritos. Avon and Komen. These are examples of successful co-branding partnerships that benefited both parties. But Lego and Shell or Target and Neiman Marcus demonstrate that co-branding must be well conceived.

Protecting your client or company’s brand requires contemplating the legal issues from the outset when selecting the partner. It requires careful consideration of new IP rights that may be created and the proper cross-licensing that still provides each protection. Equally important is an appreciation of the hidden benefits (or risks) that may flow from the partnership and ensuring that the economic benefit is shared appropriately. Plus, special tax and regulatory issues can apply when working with a charity.

Brand-savvy lawyers can play a critical role in helping shape a co-branding partnership by skillfully creating the necessary agreements that address IP ownership, rights to terminate, risk allocation, regulatory compliance, and allocation of non-cash benefits together with cash profits in an equitable fashion. Surprisingly, many co-branding agreements overlook key issues such as the ownership of IP created jointly by the parties, data ownership/usage rights, regulatory compliance, or addressing how disputes will be resolved once the agreement ends.