You Be the Judge
by Pamela Chestek • June 19, 2017 • trademark • 1 Comment
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.
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
One Response to You Be the Judge