Ownership: Who owns a trademark when the relevant contract is silent?

By Perry J Viscounty and Jennifer Barry

The Third Circuit has become the latest forum to determine how courts should resolve issues of trademark ownership between a manufacturer and the exclusive distributor of a particular product when the parties’ contract is silent on the issue

Lamenting that “[t]oo often the silence of contracting parties must be filled by the voice of the courts,” in Covertech Fabricating, Inc v TVM Building Products, Inc (855 F 3d 163 (3rd Cir 2017)), the Third Circuit has joined a growing number of circuits to adopt the six-factor McCarthy test.

Want to read more?

Register to access two of our subscriber only articles per month

Subscribe for unlimited access to articles, in-depth analysis and research from the World Trademark Review experts

Already registered? Log in

What our customers are saying

World Trademark Review is one of my favourite conference organisers. The topics and themes are always relevant, on point and designed to give me practical information about real-time industry issues. I look forward to all of the World Trademark Review events and highly recommend them to my industry colleagues.

Jennifer Chung
Assistant general counsel
Time Inc


Subscribe to World Trademark Review to receive access to the full range of trademark intelligence, insight, and case law, as well as our guides, rankings and daily market insight delivered to your inbox.

Why subscribe?


Register for more free content

  • Read more World Trademark Review blogs and articles
  • Receive the editor's weekly review by email
Register now  
Issue 72