How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33926
Experience:  Began practicing law in 1992
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

I have been marketing several products to 6 years in my

Customer Question

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: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years 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 2 years ago.
Am I supposed to write the question again?
Customer: replied 2 years ago.
Robert gave me the company in his will, but not the Trade Marks so is that a contract with me?
Customer: replied 2 years ago.
Hello...will you answer this question
Customer: replied 2 years 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 2 years ago.

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

Expert:  Dwayne B. replied 2 years ago.

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

Expert:  Dwayne B. replied 2 years 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.