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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32372
Experience:  Began practicing law in 1992
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I have been marketing several products to 6 years in my

Customer Question

Hi:
I have been marketing several products for up to 6 years in my company, Holocuren.
My boyfriend recently passed away and gave the trademarks to his daughter.
Can she force me to stop selling these products or pay exorbitant royalties?
Best, Lorraine
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Unfortunately, if she owns the trademarks and there is not a contract with him that would survive his death then she can either make you stop selling them or she can charge you whatever fee she chooses to charge you.

However, if he had a contract with you or your company then there is a good chance the contract would remain in place and be enforceable against his estate.

Customer: replied 1 year ago.
Am I supposed to write the question again?
Customer: replied 1 year ago.
Robert gave me the company in his will, but not the Trade Marks so is that a contract with me?
Customer: replied 1 year ago.
Hello...will you answer this question
Customer: replied 1 year ago.
My question is Do I have any rights since I was already in the market for 5 years with these products (first to market) to be in business
AND if the business is willed to me but the Trade Marks are willed to the daughter is this a type of contract that Robert wanted me to be in business.
Expert:  Dwayne B. replied 1 year ago.

Sorry, the website is having a hard time letting me log on today.

Expert:  Dwayne B. replied 1 year ago.

No, unfortunately, without a specific contract the trademarks and the business are two entirely separate issues.

Expert:  Dwayne B. replied 1 year ago.

The will could have granted you the right to use the trademarks for your life or for a specific duration of time but if it didn't and there is no specific contract then your right to use the trademarks are entirely dependent on your agreement with the "new" owner, the daughter.

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