Legal Question in Intellectual Property in California

Nonprofit

A cartoon character was created by the 3 board members of the nonprofit. Now, 2 board members are wanting to use trademark the character to be used as a separate entity from the nonprofit. The new entity is an newly formed LLC. What would be the correct method for trademarking the character, and does the remaining board menber need to be informed of any trademark actions?


Asked on 3/13/07, 9:31 am

1 Answer from Attorneys
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Re: Nonprofit

The copyrights from the third board member (not involved in the new company) need to be secured first, preferably a complete transfer. Then the two remaining board members would be able to freely trademark the character without a problem. Is there a reason why you do not want to tell the third board member about the intentions to trademark?

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Answered on 3/13/07, 11:07 am


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