Trademark Indemnity and Indemnification Agreements
As part of our Trademark practice, we provide trademark indemnity & indemnification agreements services.
Given the high costs of trademark litigation, a trademark indemnification agreement or clause can provide significant protection. Indemnity agreements help limit the risk and liability of a party should certain issues arise. Our trademark counseling services include review of, as well as, drafting of trademark indemnification agreements for liability protection.
Indemnification clauses are common provisions in agreements between parties that desire to shift the risk of loss. In trademark indemnification clauses, the risk is commonly associated with trademark infringement or some other intellectual property (IP) related risk. An indemnity clause may be limited to indemnification or it may also include the obligation to “defend” and/or “hold harmless" the other party. Generally, an indemnification clause obligates one party to compensate the other party for losses or damages covered by the indemnity clause.
Trademark Hold Harmless Agreements
In addition to trademark indemnity, an agreement may provide a hold harmless agreement as a risk shifting mechanism. Generally, a hold harmless clause provides that a party is not liable for certain damages under an agreement. A trademark hold harmless clause can protect against acts of employees of the other party as well as third-party claims for trademark infringement.
Importance in Commercial Transactions
Trademark indemnification is important to considering before entering into a commercial transaction or contract involving trademark intellectual property rights. The scope of the indemnity obligations will likely differ depending on the following, among other factors:
The particular party to the transaction
Risk of third-party claims
Limitations on damages
Fiduciary relationships
Indemnity obligations
Our Services
Our intellectual property and business law attorneys have experience drafting and reviewing complex commercial agreements requiring indemnification clauses. We understand the type of trademark indemnification issues that arise in trademark transactions. So, we are able to identify areas of concern in contracts involving trademarks requiring indemnity provisions. Additionally, we represent clients in trademark disputes that trigger an indemnity obligation or a hold harmless clause into effect.
Litigation and Disputes
Read more about our litigation services at our intellectual property litigation overview page and our business litigation overview page, including Intellectual Property Indemnification Litigation, Trademark Infringement, and Patent Indemnification Litigation.
Additional Insights
For more information on trademark indemnity agreements, see our Legal Insights and Industry Solutions pages.
