Guidance to Purchasers of Marks Consisting of a Person's Name

In the Second Circuit decision in JA Apparel Corp. v. Abboud, 08-3181-cv (June 10, 2009), the court provides guidance to purchasers of trademark rights consisting of a person's name as to the scope of the agreement that would be necessary in order to preclude entirely any use of the name and purchased mark for a commercial purpose, as well as what type of conduct constitutes a valid fair use to preclude a claim of trademark infringement.

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This article was first published in a different format in the June 29, 2009 issue of World Trademark Review Daily. Used with permission.