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licences de notoriété

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10:31 Nov 18, 2013
French to English translations [PRO]
Law/Patents - Law (general) / general business
French term or phrase: licences de notoriété
Hi all,

This is a contract where the owner of a brand is selling licenses to market an individual who has a degree of renown or fame in their field. So the signatory of the license will be allowed to use their name. Obviously I am aware that notoriete usually means top of the mind awareness, but doesn't really work as a type of contract.

I would be very grateful for any input on this,

Many thanks in advance,
Linebyline
United Kingdom
Local time: 16:57
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Summary of answers provided
3 +1licence of rights to use of name/personal attributes
AllegroTrans
3 -1licence of mind share
Jyotsna Bhatia
Summary of reference entries provided
Alison MacG

Discussion entries: 8





  

Answers


19 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
licence of mind share


Explanation:
Mind share relates generally to the development of consumer awareness or popularity, and is one of the main objectives of advertising and promotion.

"Marketers and promoters of mind share try to maximize the popularity of their product, so that the brand co-exists with deeper, more empirical categories of objects... Kleenex, for example, can distinguish itself as a type of tissue. But, because it has gained popularity amongst consumers, it is frequently used as a term to identify any tissue, even if it is from a competing brand."

"...One of the most successful firms to have achieved pervasive mind share is Hoover, whose name has been synonymous with vacuum cleaner in the UK for many decades. Similarly, the term "googling", describing the act of online searching, was derived from the Internet search engine Google; however, since Google remains the world's most popular search engine, it remains to be seen if the term will become generic for all searches.
Popularity can be established to a greater or lesser degree depending on product and market. For example, in the Southern U.S. it is common to hear people refer to any cola-flavored soft drink as a "coke", regardless of whether it is actually produced by Coca-Cola or not."

reference: Wikipedia


    Reference: http://en.wikipedia.org/wiki/Mind_share
Jyotsna Bhatia
India
Local time: 21:27
Specializes in field
Native speaker of: Native in HindiHindi, Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
disagree  philgoddard: Licence makes sense, mind share makes sense, licence of mind share is meaningless.
4 hrs
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
licence of rights to use of name/personal attributes


Explanation:
This might need adjustment in the context of what the actual licences contain
I somehow how think "rights" needs to be in the expression as the licence will inevitably be of rights of use.

Using the Name or Likeness of Another | Digital Media Law Project
... you can be sued for using someone else's name ... relief for the use of a wider array of personal attributes may ... with the right to sublicense) to use ...
www.dmlp.org/legal-guide/using-name-or-likeness-another - Cached


Property Rights: The Concise Encyclopedia of Economics ...
Any restraint on private property rights shifts the balance of power from impersonal attributes toward personal attributes and toward ... had a right to use ...
www.econlib.org/library/Enc/PropertyRights.html - Cached



AllegroTrans
United Kingdom
Local time: 16:57
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 962

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: Or name licensing contract, or personality.
2 hrs
  -> thanks!
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Reference comments


4 hrs
Reference

Reference information:
Merchandising intellectual property
John Adams
When we turn to personality merchandising, we find both the commodity aspect and the consumer choice aspect, inextricably intertwined. Products were commended by persons of consequence from the earliest days of advertising (and before advertising in the modern sense came into existence). Today, endorsement of products, especially sports goods by well-known sportsmen, is much the same thing. By contrast, in much of the merchandising involving pop stars, it is the commodity element which is dominant. Whilst the common basis of all true merchandising is the subject of the operation as a commodity in its own right, the uses to which this form of activity is put differ widely. People such as sportsmen, whose effective working lives in the activity for which they have become known is necessarily rather short, use merchandising as a way of maximising their incomes in the brief periods during which they flourish. Similar uses are made of it in the constantly changing entertainment world. It also provides a valuable spin-off for the motion picture industry, especially in these days of small cinema audiences (not to mention video piracy). It has also proved of value in fund raising for many charities and non-profit making organisations - eg the World Wild Life Fund panda has been extensively merchandised, and the National Trust now have many shops and products bearing their name. The National Football League in America runs a very extensive operation, and no doubt the time may come when some of our professional sports associations may do likewise (some operate in a small way already). From a legal point of view, it is the subject of a merchandising programme as a commodity in its own right, which presents difficulties. The concept simply does not fit comfortably into the existing intellectual property categories, and the various types of merchandising operation each present their own special difficulties. Although the phrases 'character merchandising', 'personality promotion or marketing' etc tend to be used both in relation to the licensing and the selling of goods to which the reputation is attached, it is obviously necessary from a legal point of view to distinguish the two. For that reason, it would perhaps be better to use the terms ' character' or 'reputation licensing' to distinguish that aspect of the arrangement.
http://books.google.co.uk/books?id=-KItAAAAMAAJ&q="character...

Intellectual Property Update: Character Licensing - an Overview
"Character licensing" is the granting of permission to use a name, character (real or cartoon), or image for a usually limited period of time, for a limited commercial purpose.
A cottage industry has sprung up in connection with the obtaining of character licenses. A number of companies as well as individuals have persuaded both living celebrities and survivors of celebrities that there can be an income stream from the licensing of names and likenesses. Consequently, there are now a number of companies who specialize in granting character licenses for specific purposes.
These companies have negotiated with those people, usually celebrities because their names and likenesses have more commercial value than others, or with their estates, to exploit licensing rights in exchange for royalty payments.
http://www.querrey.com/news-newsletterarticles-198.html

Alison MacG
United Kingdom
Native speaker of: Native in EnglishEnglish
PRO pts in category: 32
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