from Wiktionary, Creative Commons Attribution/Share-Alike License
- n. The state or condition of being nonexclusive.
On the dilution claim, the court focused its attention on the ability of a nonexclusive licensee to bring a federal dilution action, concluding that standing was absent because the TDRA reserves such a claim to the "owner" of a mark, and plaintiff was not the owner of the mark even in its limited territory, both because of nonexclusivity and because of Trump's reserved power to police the plaintiff's use of the mark.
Her reply was to point to the settlement's overall nonexclusivity.
"While the move to nonexclusivity is a matter of 'when' not 'if,' it makes a big difference to all of the participants if it happens in 2010 or 2011," the brokerage wrote.
There’s also a meaningful nonexclusivity provision, DC Circuit just heard oral argument on this — can’t have an exclusive cable channel; though satellite companies are allowed to have exclusive channels.