A poll. We have a trademark for a recurring sports event and two parties who each claim to own it. Here are the facts as we know them. They aren’t hypothetical; they are taken from a case and it’s all we have to go on. Work with what you’ve got.
|Plaintiff’s version||Defendant’s version|
|Revenue||Share revenue, costs and profits for events||Paid plaintiff 1/2 of the net proceeds (without taking expenses into account)|
|Operations||[not mentioned]||Was “financially responsible” for permits, insurance, costs and losses|
|Idea for name||Plaintiff||Brainstormed by both|
|Paid for logo||Plaintiff||[not mentioned]|
|Discussion of ownership||[not mentioned]||Plaintiff requested ownership and control of brands but defendant denied request|
|Event promotion||[not mentioned]||promoted on website and social media|
|Territory||jointly run in 2 counties, had 3rd county for himself (ran 19 events in it)||authorized plaintiff’s use in 3rd county but didn’t receive any revenue from it|
So dear readers, who owns the trademark—one, the other, or both? But more importantly, why do you think that? Add your comments below.
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