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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

Photonix Co. has used the mark LUMI on lighting equipment since 2012. In 2020, Photonix sells its business to BrightForge Co., including an express assignment of all marks used by Photonix, including LUMI. The assignment is executed but not recorded with IPOPHL. In 2022, BrightForge files for registration of LUMI for lighting equipment and is granted registration. Answer the following: (a) Who owns the LUMI mark in 2022 between Photonix and BrightForge, and why? (b) What is the effect of the failure to record the assignment with IPOPHL on BrightForge’s rights against third parties who might use LUMI for lighting equipment? (c) If BrightForge subsequently records the assignment with IPOPHL, what is the effect on ownership and enforceability against third parties?

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BrightForge owns the LUMI mark in 2022 between the parties, because a valid written assignment transfers ownership upon execution; non-recordation only affects enforceability against third parties; If BrightForge later records, its ownership is fully recognized and enforceable against third parties. Photonix retains ownership in 2022 because ownership of a registered mark cannot pass by contract until IPOPHL records the assignment. BrightForge owns LUMI in 2022 but only to the extent of the goods for which BrightForge sought registration; The assignment of marks for all uses would still. BrightForge and Photonix are co-owners in 2022 until IPOPHL recordation determines the sole owner.

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