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Author Topic: abandoned trademark (sort of)  (Read 791 times)

Robert Gravel

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abandoned trademark (sort of)
« on: 09-29-07 at 08:02 pm »

A company existed several years back that did consulting to the fitness industry. Along with this consulting they allowed clients to use the consultant name and logo as part of their fees.
The consulting company went out but there remains about 50 fitness centers still using the name and logo.

We are one of these centers and are looking to expand locations. what would our concerns be?

Also we are looking to produce logo products and offer this for sale to the other 50 fitness centers. Would this trademark be "territorial" now? who has rights? everyone?

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JSonnabend

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Re: abandoned trademark (sort of)
« Reply #1 on: 10-01-07 at 07:09 am »

That's an interesting scenario you've outlined.  My initial reaction -- assuming the original licensor is really completely gone and no one has acquired its rights in the mark -- is that each licensee likely has rights in the mark.  These rights would likely be limited geographically, as you've suggested.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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