The controversial deal is unusual: other airports named after presidents don’t have trademarks owned by private companies. Trump’s companies and Palm Beach County administrators have argued the trademark agreement is necessary to protect the county from lawsuits, not for private profit.
For one, the agreement is non-exclusive to Palm Beach County. While Trump’s companies agreed not to receive royalties or revenue for the sale of Trump-branded items at the airport, the non-exclusivity clause leaves an opening within the agreement for Trump’s companies to sell airport-branded items off-site for profit, according to trademark attorney Josh Gerben.
Trump’s company also gets to make a list of “approved retailers” from which airport stores have to buy their airport-branded merchandise. If the county or any retail business want to sell products with the airport’s name on it, they have to purchase those products “exclusively and directly from such entities designated by Licensor.”
The licensor in this case is DTTM Operations, LLC, which manages Trump’s trademarks and secured the trademark for “Donald J. Trump International Airport” in February. Donald Trump Jr. is the president of DTTM, according to his signature on the draft agreement.
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