Copy trademark in the Plan of Dissolution

Aug 6th, 2022
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When you use someones mark without their permission in a way that infringes on or dilutes their mark, then your use is usually unlawful. The trademark owner can normally sue you to stop you from using their mark, and they can collect money damages.
If you continue to use the mark after being notified of your mistake, a formal cease and desist letter may come from the accusers attorney. If you do not stop using the mark, the accuser may serve a summons and complaint on you, requiring you to respond by a certain date.
Because dissolved companies dont have a legal existence, you can reuse the name for your own company. The dissolved company and the new company will be separate legal entities, with none of the previous transactions transferred from the dissolved company to the new one.
The 1984 Act created an offense, codified at 18 U.S.C. 2320, which provides that (w)hoever intentionally traffics or attempts to traffic in goods and services and knowingly uses a counterfeit mark on or in connection with such goods or services shall be guilty of a felony. 18 U.S.C.
Typically, if the company obtains patents or trademarks, they become the companys assets. These assets are usually sold or transferred during the dissolution process to settle outstanding debts and obligations. Sometimes, the patents and trademarks may be acquired by another company through a merger or acquisition.
When a company dissolves through bankruptcy, the intellectual property rights may be sold off to pay creditors. This can include trademarks, patents, copyrights, and trade secrets.
Companies or individuals that can identify who stole their IP can bring them to court and in some cases, serious penalties can be given to the criminals. These include fines, imprisonment, civil charges, suspension of licenses, etc.
If infringement of a trademark is proven, a court order can prevent a defendant from using the mark, and the owner may be awarded monetary relief.

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