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Casamigos and the Role of Trademarks in a Business Sale

Casamigos and the Role of Trademarks in a Business Sale

What Diageo announced

On June 21, 2017, Diageo announced an agreement to acquire Casamigos, the tequila business created by Rande Gerber, George Clooney and Mike Meldman. The announced consideration was USD 700 million initially, with up to another USD 300 million tied to performance over ten years. The headline value was therefore up to USD 1 billion for the transaction.

That figure was not a statement of Clooney’s personal proceeds. It was also not a separate price for the trademarks. Diageo’s announcement does not allocate the purchase price among the founders or identify how much was paid for individual intellectual property assets.

What a trademark portfolio contributes

A buyer considering a branded business needs to understand who owns its names and logos, where registrations apply, which goods or services they cover, and whether licenses or disputes affect their use. Trademark records help answer those questions. They are one part of due diligence alongside the business’s products, distribution, earnings and other assets.

Registering a trademark does not create demand or guarantee a profitable sale. The Casamigos transaction illustrates the value that a successful branded business can attract, but it does not establish a typical sale price or a return on trademark filing fees.

Prepare your own brand for due diligence

Keep a current list of the trademarks used by the business, their owners, application or registration numbers, territories and renewal dates. Reconcile that list with designer agreements, licenses and any ownership transfers. Flag unresolved conflicts and uses not covered by the existing portfolio before making claims to a potential buyer.

If you are preparing a filing plan, discuss the actual marks, markets and goods or services that matter to the business. A registration budget and a business valuation answer different questions.

Talk to our strategy advisor

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