Legal Question in Intellectual Property in Texas

my family has a barbaque sauce that been in our family since 1842 my uncle has a patent for it he lives in kansas he has married his second wife if he died who would have the right to the sauce


Asked on 10/08/09, 12:50 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Based on the limited facts you provide, it sounds like you need legal advice. Patents relate to inventions. Trademarks relate to brand names and copyrights relate to works of art. Patents last for 20 years from the date they are filed, so it is unlikely that there is an unexpired patent still existing for the sauce. Perhaps the recipe for the sauce is a valuable trade secret like the world-famous Coca-Cola secret recipe or the "secret recipe" for Bush's beans that Duke keeps trying to sell, but I doubt that is the case. What your uncle probably has of real value is a brand name that has been associated with this sauce since 1842 and that might be enforced. Pleasecall me or some other trademark attorney for advice as to who actually owns the trademark now. Since Texas is a community property state, it is likely that your uncle's wife would end up with the rights to the trademark if he now owns the trademarkied and he alone owned it, but that depends on the facts in existence at that time. I hope to answer your question. If not, please give me a call and I will be able to assist you if you can give me more facts.

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Answered on 10/14/09, 1:47 pm


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