California Court of Appeal

Holding that rights to the trademark "Zankou Chicken" were validly assigned to two trusts, and that the trusts properly and effectively directed the distribution of the trademark rights to the three adult children of the trustor, is affirmed over claims that: 1) the trademark was not an asset of the 2002 trust; 2) trademark law prohibits the joint ownership of a trademark; 3) the trust's transfer of the mark was an invalid "assignment in gross" as it was not accompanied by the goodwill of the business; and 4) the evidence showed plaintiff's late husband owned the trademark and his parents merely had an implied license from him to use the mark.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• BOLAND, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Mitchell, Silberberg & Knupp, Peter B. Gelblum, Douglas Bordewieck, Los Angeles, and Valentine Shalamitski for Plaintiff and Appellant.


• For Appellees:
  
• Hart, Mieras & Morris, Tulane M. Peterson and Gary W. Morris for Defendants and Respondents.