Legal Question in Business Law in Michigan

Trademark dispute relating to 50/50 partnership

What legal right does an individual partner (ie. partner ''A'') in a 50/50 restaurant business partnership (located in Michigan that has existed for over 50 years and continues to thrive) have when the sibling of the other business partner (ie. partner ''B'') opens a similar restaurant business less than 40 miles away and applies for a trademark that utilizes similar advertising graphics and recipe without notifying business partner ''A''.

Although the trademark is currently listed with the aforementioned sibling of business partner ''B'' the period for contesting it has not yet passed.

Can individual business partner ''A'' act independently or on behalf of the 50/50 business partnership to nullify the sibling from having the trademark (and have one established for the original 50/50 partnership or independently for business partner ''A'') if business partner ''B'' has no interest in doing so.


Asked on 10/25/05, 2:35 pm

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: Trademark dispute relating to 50/50 partnership

Your business partner owes a fiduciary duty to you. If he refuses to enforce the intellectual property rights of the business, you could sue him for breach of fiduciary duty. Be mindful, the intellectual property rights belong to your partner individually. has he licensed them to the business? If not, you may have a problem as the business cannot assert rights it does not have and that your partner could just revoke the right to use the intellectual property. For more info., please contact my office at my number listed on the lawguru website.

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Answered on 10/27/05, 3:15 pm


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