Copyright / trademark / brandname rights?

[beavereater]

Is it possible to own the rights to a particular name and logo, have another person own the rights to a website of the same name, and then have a legal battle as to who can do what with their respective property.

I'll try to make an example:

There are 3 people who own a PC parts manufacturing company. 1 person owns the logo and brandname. The other 2 own the website where they post all reputatble sources of their parts. Like an "Official Seller" of sorts. The website is in the name of the brandname owned by the first person.

Years later, a good brand has emerged. However another company wants to buy them out. The 2 people sell the website they own with the expectation that the logo and name would automatically come with it. It doesn't. The 1 person gets a request for the transfer of rights, which he doesn't want to do.

Here's my question. Can the new owners continue to sell PC parts under the brandname and logo? Would they have to change it? This may seem like an odd question, but I know nothing of trademarks, patents or anything. I'm hoping someone here will.

[Conquest10]

I don't know about Japan but here in the US I'm sure that the owner of the company dictates how their logo and brand can be used.

Do the website guys own part of the company or do they just a dealer of the products put out by the company?

[glockjs]

i remember wwf(animal people) pwning wwf(wrastlin') because the panda people had the name way before the wrastilin' folk did. they took the rights/website and all x.O

[beavereater]

The way it works is

The 1 person bought the name, and logo. I suppose that means he copyrighted it. The other 2 registered a website with the name. They all had shares in the company. However, the 2 people sold their shares to another person. This person wanted everything, including the logo and name to sell it under. If they don't have the rights to the name or logo, then they can't sell it under that brand...I assume. All they have is a website. At this website, they can take people on or off the "Official List" of distributors and cause problems.

Just wondering if this all seems a little unlikely, or if it's possible?

[thecoalman]

Let me see if I'm following you... you have 3 people, 1 of them owns the trademarks for the business name and logo and the other two of them have the registration for the domain name. In my unlawyerlike opinion I'd say neither has any claim. The trademarked logo certainly can't be used on the website, that I think is pretty clear so the only thing that would be in dispute is the domain name and that may possibly only be disputed if the domain was registered after the trademarks were registered and in this case may not make a difference at all if they were all in business together.

[beavereater]

The person who owns the logo and name doesn't want to hand over or sell the rights for fear of a loss in quality and will start a new company. Doing this means that the new owners are out a logo and name, but still have a business.

[thecoalman]

Assuming the people that have the business get to keep the website,customers etc. they without a doubt have gotten the better end of the deal. Establishing or reestablishing a customer base isn't easy and being that the domain is taken even new customers will end up at the old site. If I was in that position I would definitely consider selling the trademarks.....

[beavereater]

Thanks for the info

[oldfart13]

There was a fight over this situation in Canada with a bar called "The Brick" taking on "The Brick" warehouse store. I believe the bar owner won as the other store is now called "The Brick Warehouse".