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.

Related Topics:
1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

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!

Marcos.

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.