The Katten Kattwalk - Issue 14

Disputes Between Departing Member and Remnant Group -

In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper owner of a service mark when there has been a departure from or change of membership in a group, and both the departing party and the remnant group claim ownership of the mark. In so doing, the court highlighted the importance for ventures to enter into formal agreements memorializing ownership of a mark.

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