Legal Question in Intellectual Property in California

If a deceased celebrity trademark is available to buy, do I need to still get permission to use the name from the deceased celebrity's estate?


Asked on 5/10/11, 11:19 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I would be very cautious in purchasing any such rights except from the estate.

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Answered on 5/10/11, 9:38 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You need to do your "due diligence" on the origin, nature and extent of the seller's rights and their transferability, and you might also need to know if you'll be getting exclusive or non-exclusive rights and whether you will be liable for future royalties or if you are making an outright acquisition. This is certainly an area where scams are possible.

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Answered on 5/12/11, 5:28 pm


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