BRANDING, LICENSING AND INTELLECTUAL PROPERTY CHECKLIST

1. Copyright, Trademark and Intellectual Property Review  

a. Are renewal dates properly documented to prevent inadvertent loss of rights? 
b. Are all brand names, logos and images properly protected and secured?  
c. Are there existing encroachment issues which need to be addressed?  
d. Is brand positioned for worldwide expansion to preserve and protect foreign markets? 
e. Is Customs registration required to protect against infringing imports?  
f. In event of litigation is the band positioned to collect monetary damages?  

2. Website Compliance and Protection Review  

a. If website uses photos or images, are consents and releases obtained and properly drafted? 
b. If website visitors are allowed to post, is there a proper user submission agreement? 
c. If website collects personal information, is there an appropriate privacy agreement? 
d. If website makes product claims, are the necessary disclaimers in place?  
e. Are domain names properly registered and secured?  
f. Does the Webmaster Agreement assure ownership of content, and control of modifications? 
g. If there is a Blog, are appropriate safeguards in place to protect against liable and slander? 
h. Is website protected via compliance with the Digital Millennium Copyright Act?  

3. License/Contract Review 

a. Are contract and licensing renewal and action dates docketed?  
b. Review revenue sources to assure all revenue streams are identified and being collected. 
c. Assure that all brand rights and ownership are properly secured.  
d. Do contracts provide proper protection, including non-compete and non-disclosure clauses?  

4. Entity Status Review  

a. Is incorporation required to limit liability?  
b. If not incorporated, are there properly structured Partnership or Joint Venture Agreements? 
c. Does the entity meet State qualifications and requirements where business is conducted?  

5. Archive Protection Review 

a. Is intellectual property physically secured and maintained (i.e., photos, drawing, artwork,  scripts, music, etc.)?  
b. Are archival sale, gift, loan and transfer agreements properly structured?  

6. Review and Evaluation of Performance Agreements Including: 

a. Social Media/Promotional Events/Product Placement  
b. Movies/TV/Digital Media  
c. Merchandising/Fashion/Sponsorships  
d. Publishing/Articles/Syndication  
e. Concerts/Tours/Special Appearances  

7. Identification Band Development Opportunities 

Contact: 
neil@neilburstein.com
914.977.3467