Discussion:
California - In 1988 I was approached to develop a Beer Brand Name and Marketing Plan by an Independent Beverage Company. I then formed a 3 person partnership, developed the Brand Name and Trageted Marketing Plan.
During this time one of the partners took the idea and went out on his own and has manufactured, produced and attempted to trademark the Brand. He formed a corporation with 5 other individuals. I want to know what I can do to defend my rights to my ideas and what are the remedies.
Answer:
Trademark rights only arise when you USE the name in commerce. So if you came up with the trademark, but no one used it, then you probably don't have a trademark infringement lawsuit.
However, you very well may have a potential lawsuit for breach of contract, fraud, and perhaps interference with business relations.