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Is this a trademark issue?

Labeled as opinion in Legal Discussion, started by WingMan, Mar 14, 2018

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696

  1. WingMan

    WingMan Established Member

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    Yet another trademark post :)

    Earlier today, I realized a domain name I recently won once belonged to a company... who filed for bankruptcy. The domain name is named after the company. A bankrupt company ceases to exist... but what happens to the trademark? This seems like a straightforward question, but then, I'm not an expert on these matters.
     
    Last edited: Mar 14, 2018
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  2. Silentptnr

    Silentptnr Top Contributor VIP

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    a person or organization can hold a trademark and have no active company or business. A trademark is a property of it's own I believe.
     
  3. Bullock

    Bullock Established Member

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    Yes, but not for ever, but only until the registration expires. :beaver:
     
  4. Bullock

    Bullock Established Member

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    I would like to clarify, if the company closes maybe it does not renew the trademark
     
  5. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    It depends on the name, and how you are going to use it. They may not have exclusive claims to that TM. But the poor history may actually be a bigger liability than the possible TM issue. A buyer doing his homework will avoid taking up the clothes from a dead body. At least if the bankruptcy is recent or has made the headlines. Then the domain is more a liability than an asset.
    On the occasion there have been reports of domainers who picked names from defunct companies, and they were still receiving complaints from former customers.

    I am not a lawyer, but when a company is shut down the assets are normally liquidated, the TMs are assets too. It means the TM rights can simply change hands and remain enforceable. Just because the company ceased to exist, doesn't mean the TMs go extinct. Again IANAL.
     
  6. Bullock

    Bullock Established Member

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    Of course, a well-known trademark is an immaterial asset and have value independently as a brand.

    But if who has issue doesn't renew the trademark...
     
    Last edited: Mar 14, 2018
  7. Lord Antares

    Lord Antares Top Contributor VIP

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    Would that company happen to be Indian?
     

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