Intellectual Property Insights from Fishman Stewart
Newsletter – Volume 25, Issue 22
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The Curse of the Co-Owner: A Haunting Tale of Trademark Ownership
In the spirit of Halloween, here’s a real-life ghost story from the world of trademark law. No haunted mansions, no cursed amulets—just a trademark co-ownership arrangement gone frighteningly wrong.
In Reed v. Marshall, the R&B group JADE—known for their early 1990s hits—found themselves in a chilling trademark dispute decades later. Former bandmates fought over who had the right to use the group’s registered trademark, JADE, after the group’s heyday. After a failed reunion attempt, one member claimed that the others’ continued performances under “JADE” violated her trademark rights. The court, however, delivered a ruling that would make any brand owner’s blood run cold.
The Fifth Circuit confirmed that each co-owner of a trademark has equal rights to use the mark unless an agreement says otherwise. That means one owner cannot stop another from using it—even in direct competition. Without a written contract, each co-owner can act independently, leaving the mark vulnerable to inconsistent use, brand dilution, or worse—public confusion.
As the court reminded us, the Lanham Act won’t put these trademark ghosts to rest. Absent an agreement, co-owners are stuck sharing the mark, whether they like it or not.
The moral of this spooky tale? Never share a mark without setting boundaries in writing. A simple agreement outlining who can use the mark, under what conditions, who controls quality standards, and what happens when one party exists the arrangement can save years of haunting litigation. Fail to do so, and you may find yourself watching your brand take on a life—or an afterlife—of its own.
In the realm of trademarks, the real monsters aren’t trolls or counterfeiters. They’re trademark disputes you can’t fight. So, trademark owners take heed. Before you collaborate, license, or co-own a mark, cover your assets with a written agreement and avoid becoming a ghost story waiting to happen.
Benjamin Becker is an Associate with Fishman Stewart PLLC, specializing in intellectual property law. Ben focuses on trademark law, providing comprehensive services including foreign and domestic prosecution, agreements, negotiations, assignments, and enforcement.
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