Legal Question in Intellectual Property in Nevada

As a Franchise Attorney familiar with trademarks, I can tell you the following. First of all, copyright has nothing to do with protecting a name. Protecting a name is done via the trademark laws. Although the company may not have registered their trademark (or service mark), they still have what are called "common law trademark rights" in their geographic trading area going back 27 years. What that means to you is a third party can use the same name outside this area and there's nothing you can do about it, and the third party can prevent you from doing business in their trading area - whatever that happens to be. That's the benefit of a federal registration - it gives presumptive rights throughout every state in the U.S. and is something you should seriously consider doing as soon as possible. Just as important, you need to be sure the right language is used in your contract of sale to ensure you are carrying forward their 27-year use of the mark. Consult with a good trademark or franchise attorney for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

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