As companies increasingly try to make environmental or health claims about their products, they often seek “certification” from new organizations.  Some of those organizations may have been formed for the sole purpose of providing certifications for commercial purposes.  Mary Hutchings Reed of Winston & Strawn has just authored, with Carly Drake, a summary of the current state of the law on such certifications and offers tips on licensing agreements, for both licensors and licensees. Establishing and Licensing “New” Certification Marks: Suggestions for Special Contract Provisions.

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