Re: Who owns a name and/or right to federal trademark?

Subject: Re: Re: Who owns a name and/or right to federal trademark?

Comments:
: : the confusion: my sister and her husband buys a business (one store) and supposidly the name with it - it's in writing. Previously, the owner they bought it from (let's call him A) had opened another store with a partner (I'll refer to him as B). Eventually A and B split each running their own store, the original owner and creator of the name A, allowing B to use the same name, verbal agreement only, though no paper work transfering the name, but B retains the incorperated status. When my sister and her husband bought the store they had a meeting with B. They all agreed that my sister owns the name and that she would allow B to continue to use the name - all verbal. All went fine for a while. I ,being paranoid, forced my sister and her husband to apply for a federal trademark. Looks like They'll get it, (they had to write a letter back to the uspto to acknowledge that both my sister and her husband are the applicants). About 2 months after she applied for the federal trademark, B files for a state trademark. States are a bit faster than the fedaral government and B recieves his state trademark. B then writes a letter to my sister telling her to stop using the name. What should she do? I have recommended that she retain a trademark lawyer and that it's my quess that this is a easy case. She has gone to see a local business attorney with no trademark experience. Is this an easy case or not and is it in her best interest to get a trademark attorney or will that just cost more money? : Dear Paul, : Most of those that I see posting, give me the impression that they are looking for a free ride and hope that what they do will cost nothing. : Your are commended for focusing on the best way to get the best results, even if you have to pay. : Getting a proper lawyer is not the easiet thing either. You must find a qualified lawyer and then be able to trust both the work and the fee. : ELAINE is E arly L egal A dvice I s N ot Expensive. On the basis of what is said, a competant lawyer should have been involve from the start. There may be pitfalls on the basis of what you say because of not having early advice. : The facts have to be gone over carefully. One tactic I like is to advise clients to negotiate without showing the hand of a lawyer. This may make the situation less tense and avoid getting two lawyers with their fees and personalites into an expensive fight. : The effectiveness in doing that is for the client not to sign anything until it is cleared for proper meaning. : I enjoy saving clients money as long as I get paid. : My gut reading is that the equities on on your sister's side, with possible weaknesses based on some of the agreements. I'm not going to pour overt what you wrote to extract exact meaning. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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