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.

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