The saga over the use of Walter Mercado’s name and likeness, trademark, and copyrighted content goes on and on and on … Suits in two different jurisdictions, Florida and Puerto Rico, and one appeal so far. What’s interesting to me about the case is that Walter Mercado unequivocally assigned the WALTER MERCADO trademark to...
Read more →Walter Mercado can’t get a break – but then he’s trying to fight two separate district court decisions that both went against him. Odds in the appeals court were slim and he didn’t beat them. The dispute is over an agreement between Mercado, an astrologer, and Bart Enterprises International Ltd., a company to which...
Read more →I recently posed the question “Who owns the ‘Walter Mercado’ mark, Mercado or Bart Enterprises?” Did you say “Mercado”? That’s the right answer, according to two different courts, despite the several references to “irrevocable.” In the first suit, Bart Enterprises and others brought the usual complement of state law claims when parties have a...
Read more →Construe this contract, applying Puerto Rican law: 2. “Walter Mercado” Mark.* * * (b) Mercado hereby irrevocably assigns to Bart throughout the Territory during the Term, all right, title and interest in and to the Mark, together with that part of the goodwill of Mercado’s business connected with and symbolized by said Mark, for...
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