[E-trademarks] Licensing of trademark in Iran

[voyer@keganlaw.com]

1. What would be the consideration to support a license?
2. How does the sanction regulation consider that consideration?
3. Instead of a “license” what about the Iranian written promise to maintain quality at least as much as Client
now does in its current use area (assuming some use), promise not to sublicense, etc, and
4. Client’s promise to forego any enforcement action if #3 is done?
5. For some definite duration, in definite territory, likely Iran (as now defined, sometimes nation boundaries change).
6. Have to think what, or nothing, to say of the Iranian developed goodwill.
7. Need some consideration of Iranian tm law and practice.
8. Fairly speculative to assign a financial value to the associated promises, especially if not
elsewhere licensed.
9. Much might depend on the Client and Iranian purposes, perhaps also on what the good/service is.

Daniel Kegan
Kennett Ssquare PA
<daniel at keganlaw.com <mailto:daniel at keganlaw.com>>

> On Jul 23, 2024, at 7:26 PM, Pamela Chestek via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> Client owns a trademark registration in Iran (lawful per 31 CFR 560.509).
> 
> Can Client license that trademark, royalty-free, to someone in Iran, or would that be contrary to the sanctions? If yes or no, a citation in support would be wonderful. I have been reading 31 CFR part 560 but haven't found a clear answer one way or another. 31 CFR 560.204 says that the "the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any goods, technology, or services to Iran or the Government of Iran is prohibited," but I wouldn't consider the grant of a license "goods, technology or services."
> 
> Thanks, Pam
> Pamela S. Chestek
> Chestek Legal
> 300 Fayetteville Street
> Unit 2492
> Raleigh, NC 27602
> pamela at chesteklegal.com
> (919) 800-8033
> www.chesteklegal.com
> -- 
> E-trademarks mailing list

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