Intellectual Property Law

Ownership of US Trademark Between Foreign Suppliers and US Distributors

By Marty Schwimmer

Easter District NY: Foreign distributor tussles over ownership of trademark in the US with its (alleged) former distributor, in this case MONTANA vegetables from Egypt (hmmm).

Decision discusses caselaw re presumption that foreign manufacturer owns trademark vis-a-vis an exclusive US distributor and what might vary that presumption. HOWEVER, don't let this happen to you. The best practice here is old hat. If you're contemplating exporting to the U.S., file a trademark application here. If you will use an exclusive distributor, clarify the ownership of the trademark(s) in a written agreement, now. Remember, exclusive distributors tend to become former exclusive distributors (and you tend to become a former foreign supplier).

Decision Haggar Montana Import Export

Full post as published by Trademark Blog on January 13, 2011 (boomark / email).