Re: Double Assignment - How to fix

Subject: Re: Re: Double Assignment - How to fix

Comments:
: : We have aquired a trademark (still pending application) from an individual. There is a long histroy behind how he got it, but eventually we got him to sign it over to us. But it turns out he also assigned it to his brother on the same day. Both assignments are stamped by the US consulate in Paris France, with no time only the date June 26th 2003. We recorded our assigment with the Trademark office on June 26th and his brother recorded his on June 28th. Both are listed in the abstract of title ours first then his second but the execution date is the same, June 26th. : : My question is has anyone ever encounted anything like this, and how do you fix it? Is it even lagal to do what they did? : : Any insight would be appreciated. : : Thanks : : Huey : : : Huey, your problem is not all that uncommon and, at least in the U.S., there are specific statutes which entertain such scenarios. However, this problem may be governed by French law (is it a French registration or U.S. registration? What law governed the assigment?) It is possible that you may have superior rights in the mark, however, unless his brother concedes rights in the mark and re-assigns it back to you, this problem looks like it needs to be addressed in either an administrative proceeding or court of law. You should seriously consider contacting an IP lawyer with an international practice. Unless you can convince his brother to assign the mark back to you, it looks like you may need to spend money to enforce your rights. Please feel free to check out my firm's website at www.ladas.com : Scott Lebson : Ladas & Parry : 212-708-3460 : slebson@ladasparry.com

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