Re: Service Mark and folded franchise

Subject: Re: Re: Service Mark and folded franchise

Comments:
: : I have a situation here where I was involved with a small franchise opperation. Over the past 3 years, the franchise has went from seven stores in operation to only one, mine... : : The franchise owners have even divorced and the franchise is no longer in operation. : : The question lies within the name I still operate under, the divorced owners still hold the servicemark. They both have 50% rights to it and neither will do anything with it as to keep control over the other person. : : I have a substancial claim in my operation and a reputation that I have created in my area under this servicemark. : : Do I have any legal ground to stand on here? Or when push comes to shove do I loose out? : : Thanks : Dear Sam, : It would take a very careful examination of facts and law to know the answer. It doen't look good, though there may be alternatives for you. : 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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