Philadelphia, PA asked in Business Law and Trademark for Pennsylvania

Q: How to resolve a trademark dispute between 2 ex business partners going separate ways, no written contracts were signed

5y ago 2 business owners decided to join forces by launching a branded product.

Both operated as 2 separate sole proprietorships, and that did not change with creation of the brand.

Person A registered the domain, did product development and paid for the initial production.

Person A created listings on a well know ecommerce site using their own pictures and product placing skills.

This enabled both to use these listings to sell the branded product.

Person A registered a company with the same name as the brand.

Person B was responsible for product fulfilment and warehousing.

Both parties VERBALLY agreed on splitting the cost of production of the branded products that were sold under the same listings but with separate eCommerce accounts.

2y later the products became very profitable for both & new ecommerce rules required TM of the brand.

Person B registered the TM as private individual.

1y later both decided to part ways while continuing to sell these products.

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1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta

A: Tough, tough situation.

Unless you can resolve it amicably, you will have to resort to litigation.

The best approach would be to move on and pick a new trademark.

I can not believe that the product is so unique that you can not replicate the success.

Consult with an attorney.

Best luck!


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