What is the name of your state (only U.S. law)? Oregon/Virginia
I'm a member of an online gaming group. We've had a website and have played together for five years, and had a great deal of fun doing so.
The most senior person (recognized by everyone as one of the "leaders", if you will) had, as of last year, started using the group's name in association with an outdoor sports club. He'd purchase a group package, then sell off entrance to the event to people, and people in Virginia would get together and play as a group.
This summer, he formed an LLC in Virgina with me and four other people...his ownership share being 18%, mine being 18%, the other four owners having 16%. He registered a new domain name and has been using that domain. Over the last 5 years, the main group name has been paid for by him, myself, one of the 16%ers, and a few others, with ownership of the domain being transfered from him to me around September of 2012. I've maintained the domain for the last few years.
Fast forward a few months. One of the 16%ers and I have become entirely disillusioned with the "elder", and we've decided to go *back* to our roots. We're convinced this LLC will collapse in a sea of drama.
I believe, however, that he's just recently (as in 2ish days ago) filed for trademark for the main group's name. He's also looking at dissolving the LLC.
I'm concerned that he'll use the trademark to force those of us who don't agree with his picture out.
I've fought and paid for this thing for the last five years because I believe in the fundamental ideals of the group. On top of this, the "elder" isn't even the one who created the group name...he joined, and shortly thereafter the true creator disappeared. The "elder" and I built this up from nothing...and I don't want to see him destroy it.
Do I really have any options? Is it a "well, he filed first, sucks to be you" sort of situation? Are there even any grounds to dispute the trademark?
I'm a member of an online gaming group. We've had a website and have played together for five years, and had a great deal of fun doing so.
The most senior person (recognized by everyone as one of the "leaders", if you will) had, as of last year, started using the group's name in association with an outdoor sports club. He'd purchase a group package, then sell off entrance to the event to people, and people in Virginia would get together and play as a group.
This summer, he formed an LLC in Virgina with me and four other people...his ownership share being 18%, mine being 18%, the other four owners having 16%. He registered a new domain name and has been using that domain. Over the last 5 years, the main group name has been paid for by him, myself, one of the 16%ers, and a few others, with ownership of the domain being transfered from him to me around September of 2012. I've maintained the domain for the last few years.
Fast forward a few months. One of the 16%ers and I have become entirely disillusioned with the "elder", and we've decided to go *back* to our roots. We're convinced this LLC will collapse in a sea of drama.
I believe, however, that he's just recently (as in 2ish days ago) filed for trademark for the main group's name. He's also looking at dissolving the LLC.
I'm concerned that he'll use the trademark to force those of us who don't agree with his picture out.
I've fought and paid for this thing for the last five years because I believe in the fundamental ideals of the group. On top of this, the "elder" isn't even the one who created the group name...he joined, and shortly thereafter the true creator disappeared. The "elder" and I built this up from nothing...and I don't want to see him destroy it.
Do I really have any options? Is it a "well, he filed first, sucks to be you" sort of situation? Are there even any grounds to dispute the trademark?
