Say Person A creates / markets an application with help from his good friend, Person B. A and B brainstorm application names, and A suggests the name that is used for the application, XYZipp. Without a formal entity, XYZipp is first released to the public in A’s name, A and B quickly discuss a more formal partnership and start an LLC called XYZipp Apps a few months later.
1) The XYZipp trademark is not registered, and the app is now sold by the LLC, not in the name of Person A.
2) More apps are created / sold using name variations of the XYZipp mark.
3) No assignment or license to use the trademark is made.
A few years later, A wants to end the partnership. At this point, who owns the XYZipp and XYZipp Apps trademarks? The LLC that bears the name? The partners? Person A?