Licensing Agreement Lawyer Brooklyn, NY

Businesses and individuals in Brooklyn, New York, regularly enter into licensing agreements for software, trademarks, patents, trade secrets, entertainment properties, franchise rights, and other intellectual property. A well‑drafted licensing agreement defines the rights and obligations of both parties—what is licensed, for what term, in what territory, and what royalties or fees are due. When disputes arise over royalty calculations, territory restrictions, exclusivity, or unauthorized use, the outcome can directly affect a company’s revenue and market position. Mr. Sris and the firm’s Of Counsel attorneys practice in contract law and commercial litigation, representing clients in the negotiation, drafting, and enforcement of licensing agreements. Whether you are a licensor seeking to enforce a royalty agreement or a licensee facing a termination dispute, the firm works to protect your business interests. Law Offices Of SRIS, P.C. is available to discuss your situation. Reach the firm at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Licensing Agreements Mean in Brooklyn, NY

Licensing agreements are contracts that grant permission to use intellectual property—such as software code, patented technology, trademarked branding, copyrighted content, or trade secrets—in exchange for compensation. These agreements can be exclusive or non‑exclusive, may cover a specific geographic area, and often include provisions for royalty payments, quality control, audit rights, and termination. In Brooklyn’s commercial environment, licensing agreements underpin relationships in technology startups, creative industries, manufacturing partnerships, and franchise systems.

Contract law in New York is governed by the common law and, for transactions involving the sale of goods, by the Uniform Commercial Code (UCC) as adopted in New York. Licensing agreements that include elements of both goods and services are assessed under the “predominant purpose” test to determine whether the UCC or common law applies. The New York Supreme Court in Kings County—located at 360 Adams Street—has jurisdiction over contract disputes where the amount in controversy is unlimited. Many licensing disputes are resolved through negotiation or alternative dispute resolution, but when litigation becomes necessary, a thorough understanding of how New York courts interpret license terms, royalty obligations, and implied covenants is essential.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Licensing Agreement Cases

Licensing agreement matters begin with a careful review of the contract language. The firm examines the scope of the license, payment structures, performance obligations, and any provisions governing termination, indemnification, or dispute resolution. For clients seeking to enter a new licensing arrangement, the firm advises on terms that reflect the business deal and protect against future disagreements. For existing disputes, the firm identifies potential claims—such as breach of contract, misappropriation of trade secrets, or unfair competition—and evaluates the available remedies, including monetary damages, injunctive relief, and specific performance.

When litigation is unavoidable, the firm prepares pleadings and motions for the New York Supreme Court, Kings County, or other appropriate forums. Discovery in commercial contract cases often involves financial records, technical documentation, and communications between the parties. The firm works with the client to develop a litigation strategy that aligns with the client’s business objectives. Throughout, the emphasis is on resolving the matter efficiently while preserving the client’s rights under the licensing agreement and applicable New York law.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He has practiced since 1997 and is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background includes handling complex litigation and advising businesses on contract matters.

Mr. Sris is joined by the firm’s Of Counsel attorneys, who bring extensive combined legal experience. Results may vary. The firm’s contract law practice concentrates on commercial disputes, including licensing, royalty, supply, and service agreements. Clients throughout the five boroughs and across New York State rely on the firm for practical legal guidance and assertive representation in court.

Frequently Asked Questions

What is a licensing agreement?

A licensing agreement is a contract that allows one party to use another party’s intellectual property under specified conditions. It typically identifies the licensed property, the scope of use, any territorial or time limitations, and the financial terms, such as upfront fees or ongoing royalties. These agreements are common in technology, entertainment, manufacturing, and franchising industries.

Do I need a lawyer to draft a licensing agreement in Brooklyn?

You are not legally required to have a lawyer draft a licensing agreement, but an attorney helps ensure the terms are clear, enforceable, and protective of your interests. A poorly drafted license can lead to disputes over royalty calculations, usage rights, or ownership of derivative works. An experienced contract lawyer in Brooklyn can draft provisions that address New York law and the specific commercial context of your deal.

What is the statute of limitations for a breach of a licensing agreement in New York?

A claim for breach of a written contract—including a licensing agreement—must generally be commenced within six years under N.Y. C.P.L.R. § 213(2). The limitations period begins to run when the breach occurs. Different rules may apply if the agreement is oral or if the claim involves fraud, so it is prudent to consult counsel promptly to preserve your rights.

How are licensing agreement disputes resolved in Brooklyn?

Licensing disputes are resolved through negotiation, mediation, arbitration, or litigation, depending on what the contract provides and the nature of the disagreement. Many agreements include a forum‑selection clause or an arbitration provision. If litigation is filed, disputes are heard in the New York Supreme Court, Kings County, unless the amount in controversy is within the jurisdiction of the New York City Civil Court. The court applies New York contract law and, where applicable, the UCC.

Can I recover attorney fees in a licensing dispute?

Under New York law, attorney fees are generally not recoverable in a breach of contract action unless the licensing agreement itself includes an attorney‑fee provision or a statute allows such recovery. It is important to review the agreement’s fee‑shifting language, as its enforceability may depend on whether the clause is reciprocal and clearly stated. If the agreement does not address fees, each party typically bears its own litigation costs.

What should I do if a licensee stops paying royalties?

If a licensee stops paying royalties, you should review the agreement’s default and termination provisions and send a formal written notice demanding payment and compliance. Document all missed payments and any communications. Under New York law, a material breach may entitle the licensor to terminate the license and seek damages for unpaid royalties, interest, and potentially lost profits. An attorney can help determine the appropriate remedy and, if necessary, initiate litigation in Kings County Supreme Court.

How do New York courts handle trade secret misappropriation in licensing deals?

New York courts recognize claims for misappropriation of trade secrets under the common law and, where applicable, the federal Defend Trade Secrets Act. A licensing agreement may contain confidentiality and non‑disclosure provisions that can be enforced through a breach of contract claim. In urgent situations, a party may seek a temporary restraining order or preliminary injunction to prevent further disclosure. An experienced contract litigator can evaluate whether a trade secret claim is viable alongside a breach of contract action.

What is an exclusive vs. A non‑exclusive license?

An exclusive license grants the licensee the sole right to use the intellectual property within a defined scope and territory, preventing even the licensor from exercising the licensed rights in that field. A non‑exclusive license allows the licensor to grant the same rights to multiple licensees and to continue using the property itself. The distinction affects royalty expectations, enforcement rights, and the remedies available for infringement or breach.

Should I include an audit clause in a royalty‑based licensing agreement?

Yes, an audit clause is recommended in royalty‑based licensing agreements because it enables the licensor to verify the accuracy of royalty reports and payments. The clause typically specifies who may conduct the audit, how often, who bears the cost, and what happens if an underpayment is discovered. Without such a clause, a licensor may have difficulty detecting under‑reported royalties. A contract lawyer can draft an audit provision that balances the licensor’s need for transparency with reasonable limits on the licensee’s burden.

How do I choose a licensing agreement lawyer in Brooklyn?

Look for a lawyer who practices in contract law, has experience with licensing and intellectual property matters, and is familiar with the Kings County court system. Review the attorney’s background, bar admissions, and years in practice. A firm that has litigated contract disputes in New York Supreme Court, Kings County, brings practical insight to both drafting and enforcement. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.

What should I bring to a consultation about a licensing issue?

Bring the licensing agreement at issue, any amendments or addendums, correspondence between the parties, and a summary of the dispute or your business goals. If the matter involves royalty payments, also bring payment records, audit reports, and financial statements. The more complete the documentation, the more precise the initial assessment can be. To schedule a consultation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

Can a licensing agreement be enforced against an out‑of‑state party?

Yes, a New York court may enforce a licensing agreement against an out‑of‑state party if the agreement contains a forum‑selection clause naming New York or if the party has sufficient contacts with New York to establish personal jurisdiction. Many licensing agreements specify that disputes will be resolved in the courts of a particular state. If the other party is located outside New York, the firm can analyze whether jurisdiction is proper and whether a judgment can be domesticated in the party’s home state. To discuss a specific situation, reach the firm at (888) 437‑7747.

Explore additional resources for contract matters in nearby counties: Manhattan contract law attorneys, Queens contract dispute lawyers, Staten Island licensing agreement counsel, and Nassau County contract lawyers.

Outbound authority links:
N.Y. C.P.L.R. § 213 |
Kings County Supreme Court |
New York State Unified Court System

Attorney advertising. Prior results do not guarantee a similar outcome.

Case results depend on a variety of factors unique to each case.

Results may vary.