Legal Question in Intellectual Property in Virginia

Can a creditor SEIZE & SELL a Debtor's TRADEMARK? (where?)

I have a $50,000 judgment against a famous political

organization which refuses to pay, and we are having trouble

finding their aasets to execute on the jdugment, because

they moved to SC where collectin is very difficult.

Is a trademark an asset that can be seized and sold to

satisfy a court judgment, when the judgment debtor

refuses to pay, even after a court judgment against

the debtor?

I believe that if we tried to auction their trademark,

(a) it would be very valuable, and (b) they would cough up

a check to pay the judgment faster than we can say

''you lose.''

The organization was formed in Virginia, the trademark

was applied for in Virginia and granted to them in

Virginia, but then they MOVED to South Carolina. They

are no longer in Virginia, though, so we can't get them

for debtor's interrogatories.

If we try to seize the trademark and sell it, WHERE

is the trademark ''located'' for legal purposes? Can

we execute on the judgment in Virginia against the

trademark (where it was originally issued) or do

we need to execute in South Carolina?

Do we name the trademark office as a ''garnishee'' holding

property in favor of the debtor.


Asked on 8/21/05, 5:38 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can a creditor SEIZE & SELL a Debtor's TRADEMARK? (where?)

I would have someone donate a check for $25 to the organization and then attempt to determine, from the printing on the back of the cancelled check, what bank it was deposited in.

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Answered on 8/21/05, 7:29 pm


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