Skip to main content

One to Keep An Eye On: Trademark Licensing Protection Act of 2018


As with many employment and labor law related bills (and cases) being litigated around the country, there are always a few that stand out.

This is one to keep an eye on.


Recently, the House of Representatives Small Business Committee Chairman Steve Chabot (Republican from Ohio) and Henry Cuellar (Democrat from Texas), introduced a bill that would clarify that licensing trademarks and controlling or exercising those trademarks does not create an employment relationship.  This bill, the Trademark Licensing Protection Act of 2018 (a/k/a H.R. 6695) would bar franchisers from being classified as a joint employer (and consequently liable for labor law violations of its franchisees and contractors) if the franchisers took actions to enforce trademark protection standards.

This proposed legislation would update the Trademark Act of 1946 by clarifying that a franchiser that enforces trademarks "may not be construed as establishing an employer or principal-agent relationship between the owner of the mark and the related company."  This bill is viewed by many as a response by Congress to calls by employers and business groups to have the standard for joint employment rewritten after the National Labor Relations Board (during President Obama's term) established that franchisers only need to exercise indirect control over franchisees to be held liable as joint employers.

Given that this bill has been introduced by both a Republican and a Democrat should give supporters of the legislation a reason to be optimistic.  While this still has a ways to go before clearing the House (and then the Senate), if it continues to have bipartisan support, the Trademark Licensing Protection Act of 2018 could be a major victory for business groups.


 

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum, it was noted that emplo
Post a Comment
Read more

What I’ve Been Reading This Week

A few years ago, I remember when the “Fight for $15” movement was taking off around the country.  Lo and behold, it appears that a $15/hour minimum wage is not the stopping point, which should be no surprise.  As the below article notes, New York is aggressively moving to ramp up hourly wage rates even higher.  While all the  below articles are worth a read, I called particular attention to that one. As always, below are a couple article that caught my eye this week. Disney World Workers Reject Latest Contract Offer Late last week, it was announced that workers at Disney World had rejected the most recent contract offer from the company, calling on their employer to do better.  As Brooks Barnes at The New York Times writes, the unions that represent about 32,000 workers at Disney World reported their members resoundingly rejected the 5 year contract offer which would have seen workers receive a 10% raise and retroactive increased back pay.  While Disney’s offer would have increased pa
Post a Comment
Read more

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies in the state, to per
Post a Comment
Read more