license

A personal privilege to do some particular act or series of acts on land without possessing any estate or interest therein, and is ordinarily revocable at the will of the licensor and is not assignable. Lehman v. Williamson, 35 Colo.App. 372, 533 P.2d 63, 65.

The permission by competent authority to do an act which, without such permission, would be illegal, a trespass, a tort, or otherwise not allowable. People v. Henderson, 391 Mich. 612, 218 N.W.2d 2, 4

Certificate or the document itself which gives permission. Leave to do thing which licensor could prevent. Western Electric Co. v. Pacent Reproducer Corporation, C.C.A.N.Y., 42 F.2d 116, 118.

Permission to do a particular thing, to exercise a certain privilege or to carry on a particular business or to pursue a certain occupation. Blatz Brewing Co. v. Collins, 88 Cal.App.2d 639, 160 P.2d 37, 39, 40.

A permit, granted by an appropriate governmental body, generally for a consideration, to a person, firm, or corporation to pursue some occupation or to carry on some business subject to regulation under the police power. A license is not a contract between the state and the licensee, but is a mere personal permit. Rosenblatt v. California State Board of Pharmacy, 69 Cal. App.2d 69, 158 P.2d 199, 203.

Neither is it property or a property right. American States Water Service Co. of California v. Johnson, 31 Cal.App.2d 606, 88 P.2d 770, 774.

See also bare or mere license

- certificate

- compulsory license

- exclusive license

- franchise

- letter of license

- licensee

- marriage license

- permit.

@ executed license

That which exists when the licensed act has been done.

@ executory license

That which exists where the licensed act has not been performed. Express license. One which is granted in direct terms.

@ implied license

One which is presumed to have been given from the acts of the party authorized to give it

@

- license bond (bond).

Patents.

A written authority granted by the owner of a patent to another person empowering the latter to make or use the patented article for a limited period or in a limited territory. A permission to make, use or sell articles embodying invention. De Forest Radio Telephone & Telegraph Co. v. Radio Corporation of America, D.C.Del., 9 F.2d 150, 151.

A transfer which does not affect the monopoly, except by estopping licensor from exercising his prohibitory powers in derogation of privileges conferred upon licensee. L. L. Brown Paper Co. v. Hydroiloid, Inc., D.C.N.Y., 32 F.Supp. 857, 867, 868.

An assignment by the patentee to another of rights less in degree than the patent itself. Any right to make, use, or sell the patented invention, which is less than an undivided part interest in the patent itself. Any transfer of patent rights short of assignment. Language used by owner of patent, or any conduct on his part exhibited to another, from which that other may properly infer that owner consents to his use of patent, on which the other acts, constitutes a license. General Motors Corporation v. Dailey, C.C.A.Mich., 93 F.2d 938, 941; Finley v. Asphalt Paving Co. of St. Louis, C.C.A.Mo., 69 F.2d 498, 504.

Transfer of exclusive right to do merely two of the three rights under patent to make, use, and vend invention. Overman Cushion Tire Co. v. Goodyear Tire & Rubber Co., C.C.A.N.Y., 59 F.2d 998, 1000.

See also patent

Pleading.

The defense of justification to an action of trespass that the defendant was authorized by the owner of the land to commit the trespass complained of. License is an affirmative defense which must be pleaded by defendant. Fed.R.Civil P. 8(c).

Real property.

A license is ordinarily considered to be a mere personal or revocable privilege to perform an act or series of acts on the land of another. Hennebont Co. v. Kroger Co., 221 Pa.Super. 65, 289 A.2d 229, 231.

A privilege to go on premises for a certain purpose, but does not operate to confer on, or vest in, licensee any title, interest, or estate in such property. Timmons v. Cropper, 40 Del.Ch. 29, 172 A.2d 757, 759.

Such privilege is unassignable. A license is distinguished from an "easement," which implies an interest in the land, and a "lease," or right to take the profits of land. It may be, however, and often, is, coupled with a grant of some interest in the land itself, or right to take the profits. National Memorial Park v. C. I. R., C.C.A.4, 145 F.2d 1008, 1015.

@ simple license

One revocable at the will of the grantor; i.e., one not coupled with a grant.

@

Streets and highways.

A permit to use street is a mere license revocable at pleasure. Lanham v. Forney, 196 Wash. 62, 81 P.2d 777, 779.

The privilege of using the streets and highways by the operation thereon of motor carriers for hire can be acquired only by permission or license from the state or its political subdivisions.

Trade, business or calling.

Authority or permission to do or carry on some trade or business which would otherwise be unlawful. Standard Oil Co. (Indiana) v. State Board of Equalization, 110 Mont. 5, 99 P.2d 229, 234.

Permission conferred by proper authority to pursue certain trade, profession, or calling. Lloyd's of Texas v. Bobbitt, Tex.Civ.App., 40 S.W.2d 897, 901.

A license confers upon licensee neither contractual nor vested rights. Rosenblatt v. California State Board of Pharmacy, 69 Cal.App.2d 69, 158 P.2d 199, 203.

Nor does it create a property right.

See also franchise

Trademark.

Permission to use a trademark in an area where the purported owner's goods have not become known and identified by his use of mark is a naked "license". E. F. Prichard Co. v. Consumers Brewing Co., C.C.A.Ky., 136 F.2d 512, 521.

See trademark

@ license cases

The name given to the group of cases including Peirce v. New Hampshire, 46 U.S. (5 How.) 504,12 L.Ed. 256, decided by the United States Supreme Court in 1847, to the effect that state laws requiring a license or the payment of a tax for the privilege of selling intoxicating liquors were not in conflict with the constitutional provision giving to Congress the power to regulate interstate commerce, even as applied to liquors imported from another state and remaining in the original and unbroken packages. This decision was overruled in Leisy v. Hardin, 135 U.S. 100, 10 S.Ct. 681, 34 L.Ed. 128, which in turn was overturned by the act of Congress of August 8, 1890, commonly called the "Wilson law."

@ licensee

A person who has a privilege to enter upon land arising from the permission or consent, express or implied, of the possessor of land but who goes on the land for his own purpose rather than for any purpose or interest of the possessor. Reddington v. Beefeaters Tables, Inc., 72 Wis.2d 119, 240 N.W.2d 363, 366.

For duty of care purposes, one who is privileged to enter or remain upon land by virtue of possessor's consent, whether given by invitation or permission. Backman v. Vickers Petroleum Co., 187 Kan. 448, 357 P.2d 748, 751.

Person to whom a license has been granted. Formerly, the duty owed to a licensee was that of refraining from wilful, wanton and reckless conduct. This rule has been changed and now, in most jurisdictions, the occupier of land owes the licensee the duty of reasonable or due care. Mounsey v. Ellard, 363 Mass. 693, 297 N.E.2d 43.

See also exclusive licensee

- invitee

@ licensee by invitation

A person who goes upon the lands of another with express or implied invitation to transact business with the owner or occupant or do some act to his advantage or to the mutual advantage of both the licensee and the owner or occupant. Samuel E. Pentecost Const. Co. v. O'Donnell, 112 Ind.App. 47, 39 N.E.2d 812. An invitee

@ licensee by permission

One who, for his own convenience, curiosity, or entertainment, goes upon the premises of another by the owner's or occupant's permission or sufferance. Samuel E. Pentecost Const. Co. v. O'Donnell, 112 Ind.App. 47, 39 N.E.2d 812, 817

@ license fee or tax

Charge imposed by governmental body for the granting of a privilege. Pennsylvania Liquor Control Board v. Publicker Commercial Alcohol Co., 347 Pa. 555, 32 A.2d 914, 917.

Charge or fee imposed primarily for the discouragement of dangerous employments, the protection of the safety of the public, or the regulation of relative rights, privileges, or duties as between individuals. Conard v. State, Del.Super., 2 Terry 107,16 A.2d 121,125.

Price paid to governmental or municipal authority for a license to engage in and pursue a particular calling or occupation. Tax on privilege of exercising corporate franchise. City Investments v. Johnson, 6 Cal.2d 150, 56 P.2d 939, 940.

The term "license tax" includes both charge imposed under police power for privilege of obtaining license to conduct particular business, and tax imposed upon business for sole purpose of raising revenue; "license tax" being defined as sum exacted for privilege of carrying on particular occupation. Where a fee is exacted and something is required or permitted in addition to the payment of the sum, either to be done by the licensee, or by some regulation or restriction imposed on him, then the fee is a "license fee". Conard v. State, Del.Super., 2 Terry 107, 16 A.2d 121, 125.

A license fee is charge made primarily for regulation, with the fee to cover cost and expenses of supervision or regulation. State v. Jackman, 60 Wis.2d 700, 211 N.W.2d 480, 487.

See also franchise tax

@ license in amortization

A license authorizing a conveyance of property which, without it, would be invalid under the statutes of mortmain

@ license tax

See license fee or tax.

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