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Trademark Licensing Protection: Clear Rules for Businesses and Employees

This act clarifies that licensing a trademark, such as in a franchise, does not automatically mean the trademark owner is an employer of the licensee's employees. This aims to provide legal clarity for businesses and franchisees, protecting them from unexpected employment claims.
Key points
The act specifies that trademark licensing does not create an employment relationship between the mark owner and the company or its employees.
Trademark owners can still control the quality of products and services associated with their brand without becoming employers of the licensees' employees.
The changes do not apply to cases initiated before the act's enactment date before the National Labor Relations Board.
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Additional Information
Print number: 117_S_4976
Sponsor: Sen. King, Angus S., Jr. [I-ME]
Process start date: 2022-09-28