All Questions in Trademark Ownership >> Control of trademarked services

Control of trademarked services

Posted by . updated on 11/11/2009
Here's the scenario:

Community group sets up 501(c)(3) corp. to help elderly neighbors by partnering with commercial services and coordinating local volunteers. 

Chose trade name which is a local place name plus designation meaning town.  We'll call it "Valleybrook Towne, Inc."  There is no town of Valleybrook in the area and they seemed to be in decent shape to be able, at least, to acquire secondary meaning in their trade name for trademark purposes.

Corporation president, with another neighbor, runs a periodic bulletin listing 1) commercial services which neighbors have used and recommend and 2) services which neighbors themselves offer, running the gamut from babysitting to CPA work.  This was simply called a name roughly parallel to the "community bulletin board" and in recent years has gone out to interested neighbors by email.

Recently the bulletin editor (pres. of Valleybrook Towne, Inc.) wrote to subscribers that the bulletin name was being changed to "Valleybrook Towne Bulletin Board".  The reason given was that they thought this was a nice name since it refers to the local area.  There was no mention of Valleybrook Towne, Inc. at all. 

I've since learned that the Valleybrook Towne, Inc. board approved the use.  But it does not appear that they have either officially taken over the bulletin board or exercise any legal control over it.  Certainly they haven't said that is the case.  As far as it appears, there's only the de facto relationship: with the bulletin's editor being the corporation's president.

These are all wonderful, helpful people working as volunteers trying to serve their neighbors.  But I see problems for them here.

Unfortunately, after years of working in IP, I had to shift to near full-time caregiving and have only a very small home-based practice that can't afford to give IP advice due to the malpractice rates. 

And my attempts to guide my neighbors, by explaining general principles without "advising" on the specifics, just didn't fly.

Can anyone help me out and spell out what's wrong with this scenario?
Answers (1)
 
mohan duggani
i want delarship sir
where is my contact plz tell mi sir
 

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