Thread: Licensing Agreement Experts

I do real estate. I know nothing about retail. I need some help.

I have a company that owes me a chunk of cash. I' got a judgement last month and I'm about to show up with a constable and a writ of execution however I like their product. They have a wonderful product they just don't know how to run a business. I'm thining of working a deal with them to negate my judgement in exchange for a license to sell their product. I want to setup some sort of licensing deal with them so that I can take their product to big box retailers. I have some lucrative and real world no b.s. ins at wally world, costco, etc that they don't have. I want to make sure my ass is covered and I have the rights to represent/sell/profit from their product and I don't have the slightest clue where to begin.

My attorneys, my friends, my advisors all know real estate so hopefully someone who has been successful in licensing in the past can chime in or PM me.

I'm just thinking out loud here, but if they can't run a business, and they owe you money, why would structuring a distribution deal with them be safe for you in the long run? Who's protected at the end of the day when they can't build and deliver product to the costco's, ww's, etc.?

I like the way you think in that you really could end up with the better end of the stick depending on the product, sales, market placement, etc. I'd just be concerned with the longevity of putting a deal like that together.

You may want to consider a) what you're thinking, and b) a tiered type arrangement in that when & or if the product excels through your channel relationships, you take on a seat on their BOD or Advisory Board. (should they have one).

Otherwise, a good transaction attorney would be able to draw up the paperwork once you have it crafted on a bar napkin and the T&C's worked out. I could recommend someone to you but he's in Zurich, which may not make sense for you to use someone out of country.

Thanks for the pointers. I'm not worried about them producing/delivering on orders b/c esssentially all I want is the "right" to go to their production plant and place orders using their patented indgredients boxing it myself. They would be 100% out of the deal I would just want the "right" or the "license" to use their product, repackaged, rebranded, etc without infringing on their patent. Possibly pay them a royalty but have them 100% out of my deal minus their product

Gotcha. Under that case, then they are not your weak link. The manufacture of the product is, which is much less risk for you. That takes much of the brain damage out of it. Sounds like you may be able to work something in your favor.

Get in touch with as a referral from one of your existing RE attorneys for someone familiar with legal transaction law. Or perhaps someone in the LP4 fam can point you to someone.