Intellectual Property Law Questions Answered

View Original

What are ways an owner can lose trademark rights? 

Key Takeaways Regarding Claims of Naked Licensing or Trademark Abandonment

  • A challenger asserting abandonment must not only prove nonuse for three consecutive years, but also the intent to not resume using the trademark (a very hard issue to prove in a contested case).

  • The transfer of goodwill does not require the transfer of all the assets associated with the business. 

Read about lessons learned in Naked Licensing and The Mustang Ranch Brothel.