Can a creditor SEIZE & SELL a Debtor's TRADEMARK? (where?)
I have a $50,000 judgment against a famous political
organization which refuses to pay, and we are having trouble
finding their aasets to execute on the jdugment, because
they moved to SC where collectin is very difficult.
Is a trademark an asset that can be seized and sold to
satisfy a court judgment, when the judgment debtor
refuses to pay, even after a court judgment against
I believe that if we tried to auction their trademark,
(a) it would be very valuable, and (b) they would cough up
a check to pay the judgment faster than we can say
The organization was formed in Virginia, the trademark
was applied for in Virginia and granted to them in
Virginia, but then they MOVED to South Carolina. They
are no longer in Virginia, though, so we can't get them
for debtor's interrogatories.
If we try to seize the trademark and sell it, WHERE
is the trademark ''located'' for legal purposes? Can
we execute on the judgment in Virginia against the
trademark (where it was originally issued) or do
we need to execute in South Carolina?
Do we name the trademark office as a ''garnishee'' holding
property in favor of the debtor.
1 Answer from Attorneys
Re: Can a creditor SEIZE & SELL a Debtor's TRADEMARK? (where?)
I would have someone donate a check for $25 to the organization and then attempt to determine, from the printing on the back of the cancelled check, what bank it was deposited in.
Related Questions & Answers
Fair use educational U.S. citizen, living and working in Singapore, wants to use... Asked 7/18/05, 2:23 am in United States Virginia Intellectual Property
Copyright implications of Selling Images from Books I am currently investigating a... Asked 10/24/04, 8:24 pm in United States Virginia Intellectual Property
Therapeutic use of music As a licensed professional counselor, certified to apply... Asked 10/14/04, 6:35 pm in United States Virginia Intellectual Property
Legal issues with playing music in lobby Hi, I work for a small town bank in which... Asked 12/17/03, 9:10 am in United States Virginia Intellectual Property
Property Release for Calendar I am taking photos for a calendar. The calendar is... Asked 11/30/03, 1:40 pm in United States Virginia Intellectual Property