Chicago, IL asked in Business Law, Copyright and Intellectual Property for Illinois

Q: Hi there, IP copyright dispute, between equal partners in series LLC. Concerns over whom IP Copyright belongs to.

The business (A clothing company) didn't generate any profit and we have agreed to dissolve the series LLC, Web P, social media page etc, but it does leave us with the IP of the designs that we independently created.

Neither of us were paid employees or hired to create our own designs and neither of us signed (what I believe is known as a novation agreement, signing over the copy write to the LLC).

Currently there is a company CC with approximately $5.5K of debt that we agree we jointly owe half of the burden of paying off.

In the future, I would possibly like to utilize my designs (I personally created) for a separate venture (alone) and my business partner wants ALL designs (their's and mine) to never be used again. They believe the designs are not the IP of the Author (me) and are in fact the IP of the Series LLC. The CC debt increases monthly with interest, if ANYONE could PLEASE clarify if the IP belongs to the Author or the LLC, I would GREATLY appreciate it!


1 Lawyer Answer
Jonathon Maddox
Jonathon Maddox
  • Intellectual Property Lawyer
  • Redding, CA

A: There are several factors here, and a thorough review of the LLC and Operating Agreement would be needed, as well as a full understanding of exactly how and when each design was created. I’m an IP Attorney, and would be happy to have a free consultation and see how I can help your legal needs. (Or any other qualified IP attorney). But this website provides general advice; not specific advice.

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