April 24, 2012 | Inside Counsel

Trademark Disputes as an Unintended Consequence of Distribution Agreements

1 min

This article discusses how manufacturers can lose their own trademark rights to distributors if contracts are vague.  Some jurisdictions are more willing than others to use these factors in determining which party has rights to a trademark. The 7th Circuit and 3rd Circuit will not use the factors to divest a party of ownership of the trademark, once initial ownership has been established.

On the other hand, the Northern District of California has emphasized that an exclusive distributor can acquire trademark rights superior to those of the manufacturer.

Click here to view this article at Inside Counsel.