Legal Question in Intellectual Property in New York

Re: I own the brand name....can I use old commercials for the brand?

The answer to your question will depend upon who owns the copyright to the commercial. If the commercial was produced for the advertiser (presumably the company that owned the brand) pursuant to a work made-for-hire agreement, the advertiser owned the commercial. Then it would depend on whether your colleague acquired the commercial as an asset along with the brand or just the brand. If there was no such agreement whoever produced the commericial (presumably an ad agency) would own the commercial. Finally, the complete answer would depend upon when the commercial was created, "published" and/or registered for copyright. Sorry to be so indefinite but you didn't identify "where's the beef" (excuse the pun), i.e., dates, agreement status, assignments, etc. Please feel free to call as it's always easier to talk out all the facts and circumstances. Of course, any intellectual property lawyer on the board can also assist you.

Re: I own the brand name....can I use old commercials for the brand?

Steven has made some excellent points, to which I'd only add that the contract with the talent in the advertisement could also be a factor. Depending upon the agency and the year most of these advertisements were produced under agreements with either the American Federation of Television & Radio Artists (AFTRA) or the Screen Actors Guild (SAG).

A call to AFTRA 2125320800 should put you on the right track in that regard.

Re: I own the brand name....can I use old commercials for the brand?

Generally, you would now have ownership rights to the brand and all associates commercialization of it. You should look at the contracts which were signed in turning over the business... and should hire an attorney to clarify the situation and iron out all the details.

Feel free to contact my office on this matter. 2127098303