Legal Question in Intellectual Property in Georgia
Retail Store and Trademark
Hi.
A few years ago a former employee of the bookstore group that I currently work for designed a tshirt for the store(s). I wanted to develop a logo for the store and incorporated an image of an element from that tshirt. I emailed him to let him know I was using it and he informed me that he had trademarked it, but that he didn't mind if the store used it. I've tried to conduct trademark searches and have come up emptyhanded. Further, I thought to be a trademark it must be associated with a good or service (which I don't believe he sells), so I am somewhat skeptical.
Must he have filed for a trademark license in order for it to actually be trademarked, or is the mere fact that he says it is ''trademarked'' enough? Does the image actually belong to him if he dsigned it in the capacity of a store employee, or does it belong to the company? Should I get his permission to use the image in writing to protect the store from possible litigation in the future?
Thank you for any info you can provide.
1 Answer from Attorneys
Re: Retail Store and Trademark
A trademark (or service mark) arises when the mark is created or authored and used in the marketplace. So, it does not need to be registered to be provided protection. However, if he created the logo while an employee and created it for the store, it would probably be considered a work for hire and belong to the store and there would be no need for his permission.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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