Legal Question in Intellectual Property in New York

Is it legal to apply for a trademark for logo/artwork that I created, but is currently displayed in an independently owned (by someone else) chain of retail stores?

No official transfer of rights took place, and there is no current trademark on said art/logo. I did receive one-time payments for installation of the artwork in various locations.


Asked on 7/30/14, 2:40 pm

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

Well, in short, no. I think you might be confusing copyright interests vs trademark rights. You may be the copyright interests holder of the work, but they are in possession of an implied license to use this for its intended purpose, which is everything one uses a logo for. The rights transfer you refer to happens by operation of law if no written agreement is assented to.

I think it might be helpful if you discussed your objectives over with a lawyer in private certainly before you take any action that might actually backfire.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 7/30/14, 3:06 pm
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

You may be the copyright owner of the logo, but in all likelihood the business owns the trademark rights. If you need assistance feel free to ping me offline.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 7/30/14, 3:20 pm


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