Found an issue on this page? Let us know and we will look into it as soon as possible.
If a company closes can you use their name or product for a new business or do they retain trademark and or copyrights?
Anonymous4 views3 answers
I want to sell an item on a shopping network. I use to work for the company. They sold it to a large company who after a year closed it down and wrote of all assets. I don't need to use the same name but I want to use the product.
Without reviewing the facts in detail, no lawyer can "bless" your proposed course of action. Abandonment of a trademark is very technical and you might still find yourself in litigation if you are not careful.
It would take a greater analysis to determine if your plan of action would violate any rights of the trademark holder.
I recommend you consult with an attorney who can better analyze the specific facts related to you proposed plan and advise you as to it's legality and/or advisability.
James Michael SlominskiIntellectual Property Law AttorneyLos Angeles, CA ·
While I cannot give you legal advice in this forum, here is some general information.
I agree you should consult IP counsel before you start.
Also, the company does not necessarily abandon the trademark rights by closing down. Abandonment may require a certain time period of non-use coupled with an intent not to resume.
As for use of the product, I am not sure what you mean by that. If the product is protected by patent rights owned by the company or others, you could have a big problem. You will need to sort that out with counsel.
