Property, intangible

a blog about ownership of intellectual property rights and its licensing

You Be the Judge

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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One response to “You Be the Judge”

  1. Both. This looks like a classic joint venture to me, and even taking all of either’s facts doesn’t do much to displace that. The revenue arrangements and the territory split especially point to that.

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