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Can I buy the right to a name (of a car club)?

Winchester, CA |

Curious if it is possible and if so, how to get started on such.

(ok, thanks for moving but I did not put the question where it ended up; Awo did that on its own as it asked me car related categories that had nothing to do with my question and I choose none of the above. Thanks for moving it though and thanks for the help!)

Attorney Answers 6

Posted

I'm going to edit the practice area of your post to "General Practice," since the contents of your post do not involve a civil rights issue.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

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Michael Charles Doland

Michael Charles Doland

Posted

Funny, while you were amending, so was I, to trademark application since "trademark" is not available as an option.

Malosack Berjis

Malosack Berjis

Posted

That is really funny. Great minds think alike.

Posted

I have changed your "practice area" from "civil rights" to "trademark application".

A trademark cannot be sold without the associated goodwill of the business. This prohibition against "naked transfers" is an important aspect of trademark law.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Philip Leon Marcus

Philip Leon Marcus

Posted

I would say really the whole operation of the business, not just the good will. It exists only as an adjunct of a going biz.

Posted

If the name is being used, you cannot buy the name alone. If the owner of the name has stopped or will stop using it, then it is possible.

here is a good article on the topic

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/1F959DF53012155B85256ADB005D62DF

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Posted

Yes, you can, assuming the owner is willing to sell it to you. If the name is registered as a trademark, you can buy it outright and record a trademark assignment at the Patent and Trademark Office. The process is relatively simple, and there are standard forms that recite that the sale includes all the goodwill associated with the mark and other rights appurtenant in whatever category the mark is registered.

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Bruce E. Burdick

Bruce E. Burdick

Posted

Agreed with the caveat that mere recitation is not enough if the facts show the recitation to be a lie.

Posted

You need to see a trademark attorney or business attorney. This can be structured many ways. For example: outright purchase of the club; purchase with grant back license; license without purchase. Focus on your real objectives and let the lawyer help you get there legally, if possible.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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Posted

My colleagues have sorted you out quite well. I would add that in my opinion the simplest structure, which will also help you avoid any potential liabilities, is likely a simple asset purchase agreement, naming the specific assets your are acquiring along with the associated goodwill. Then, as stated by the others, an assignment would need to be conducted through the USPTO, and your done.

WINTER LLP Is Changing The Way Legal Gets Done. WINTER LLP Offers Flat Fee Trademark, Copyright, Corporation and LLC Packages. Please contact us today for a free consultation. Any information provided by WINTER LLP or Todd Winter is provided generally and does not create an attorney/client relationship. If you would like specific legal advice, you must retain us directly.

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3 comments

Bruce E. Burdick

Bruce E. Burdick

Posted

Be careful with that assert purchase as you may want to take on the liabilities of the car club. You need an indemnity.

G. Todd Winter

G. Todd Winter

Posted

We would never do an asset agreement without an indemnity provision so I respectfully disagree. Thank you, Todd Winter WINTER LLP

Bruce E. Burdick

Bruce E. Burdick

Posted

Seems you agree not disagree. Note I said "You need an indemnity" and you say an indemnity provision is needed. I see I had a typo - I left out the "not" before "want" in my comment, which I had intended to be there.