Q: Can a Company trademark something created by and funded by a person even though they were in the process of doing so?
Say a company has a performer. The performer creates something that benefits the company, and for the most part is funded for and by the performer (be it cameras or lighting, etc). Unfortunately things don't work out while renegotiating a new contract and the performer leaves the company and has filed for the trademark to use their creation elsewhere. Can the company stop the performer from using said creation in other places even though they did not have the hindsight to trademark it sooner? Also. would knowing the terms of the contract change anything at all and is the company in the right for trademarking long after the performer trademarked it?
A: What are the terms of the contract re: the IP in question? If silent, the performer may have the IP rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A:
It appears that the facts need to be sorted out and you need to decide exactly what you want to protect.
Trademarks are more generally associated with brand names than creations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
