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Trademark, copyright, logo usage...

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S

softshell

Guest
What is the name of your state? LA
In my hometown, as well as in many others across the country, many of the local businesses are either going out of business or are being swallowed up by the giants. Do these former businesses retain rights to the company logo? More to the point, can I reproduce these former business logos on t-shirts or do I need to get some kind of release?
 


C

ChicagoLawyer

Guest
You would most likely need permission.

Trademarks and copyrights are assets and are still relevant even in bankruptcy. Though you can petition for cancellation before the USPTO for non-use there is still the chance that a bankruptcy trustee is trying to sell the trademarks. Since they are an asset, the trustee would want to license them to you. As far as swallowing up is concerned, an acquiring company will assume the rights of the target. So, the trademarks would be the property of the new owner. If they cease to ust the names/logos, then they may be ripe for cancellation as well. However, you would have to contact the new owners for either permission or to seek cancellation.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship
 

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