One of the most difficult ownership questions is who owns intangible assets created by a person who is the sole shareholder of a legal entity. There isn’t any receipt, or a check written against the corporate account, as evidence of ownership. Trademarks can be the most difficult because people don’t tend to think of...
Read more →Who the true trademark owner is, as between a member of an LLC (or shareholder of a close corporation) and the entity that the person owns, can be a vexing question. When there are only one or two owners of an entity the lines are very blurry—see here and here and here and here...
Read more →Update: The Court of Appeals for the First Sixth Circuit affirmed the lower court decision that there was an implied assignment of the trademark. The defendant challenged the decision on two bases. First, without using the word “abandoned,” the defendant argued that the trademark rights were lost when Taylor ceased business. But the owner...
Read more →This is a blog about ownership of all types of intellectual property, but it is undoubtedly the ownership of trademarks that provides the most litigation fodder. I think it is because no one thinks of the trademarks, or else they only become important in hindsight. Taylor v. Thomas is a typical example of what...
Read more →Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2013 Pamela S. Chestek. All rights reserved.