Article Archives >> Lead Stories >> April 16-30, 2008

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Founder May Control Trademarks
Despite First Use by Nonprofits
Court says “related companies doctrine”
may give individual rights if he controlled nonprofits

Who owns the right to use trade and service marks registered by a co-founder of a nonprofit organization and used exclusively by the nonprofit?

Under general trademark law, the “owner” of a trademark is the person who first uses the mark, even if someone else registers it later.  The Lanham Act has grafted a “related company” exception onto the general rule, however, which allows a person to claim ownership of the mark if the person “controlled” the first user.

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Article Archives >> Lead Stories >> April 16-30, 2008




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