1 / 6

Trademarks Class 12

Trademarks Class 12. Initial ownership of trademark Assignments and licenses. Sengoku Works v. RMC International timeline. CCI sold Sengoku heaters as KEROHEAT. RMC sold Sengoku heaters as KEROHEAT. RMC sold Wooshin heaters as KEROHEAT. 1982. 1983. 1984. 1985. 1986. 1987. 1988.

elu
Download Presentation

Trademarks Class 12

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Trademarks Class 12 Initial ownership of trademark Assignments and licenses

  2. Sengoku Works v. RMC International timeline CCI sold Sengoku heaters as KEROHEAT RMC sold Sengoku heaters as KEROHEAT RMC sold Wooshin heaters as KEROHEAT 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 RMC registered KEROHEAT as federal trademark

  3. Trademark disputes between manufacturer and distributor • Can either party establish ownership through first use? • Is there an agreement between the parties? • If neither, manufacturer is presumed owner • Presumption is rebuttable, based on: • “(1) which party invented and first affixed the mark onto the product; • (2) which party’s name appeared with the trademark; • (3) which party maintained the quality and uniformity of the product; and • (4) with which party the public identified the product and to whom purchasers made complaints.”

  4. Kingsmen v. K-Tel • “[T]hesefive plaintiffs toured and recorded as The Kingsmen and were known to the public as The Kingsmen” • “[I]t is these five plaintiffs that contracted with [record labels] under the name The Kingsmen for royalties” • “[W]e stress the ensemble nature of The Kingsmen’s music. Although the listener can discern the lead singer from the background vocals and music on a number of Kingsmen songs, the group’s ‘sound’ is clearly a collective one.”

  5. Sugar Busters v. Brennan • Basic idea of assignment-in-gross doctrine: • “A trademark is merely a symbol of goodwill and has no independent significance apart from the goodwill that it symbolizes.” • “Therefore, a trademark cannot be sold or assigned apart from the goodwill it symbolizes.” • “The sale or assignment of a trademark without the goodwill that the mark represents is characterized as in gross and is invalid.” [340-41]

  6. For valid assignment, need not transfer physical assets “Plaintiff may obtain a valid trademark without purchasing any physical or tangible assets of the retail store in Indiana—‘the transfer of goodwill requires only that the services be sufficiently similar to prevent consumers of the service offered under the mark from being misled from established associations with the mark.’ ” [341]

More Related