The automatic-assignment doctrine in trademarks states that when a complete business is sold, any common-law marks used in that business are transferred to the buyer without a written agreement. However, if the mark is registered under the Lanham Act or certain state registration schemes, a written agreement is required to transfer ownership of the mark.
The automatic-assignment doctrine in trademark law states that when a business is sold, any common-law trademarks used in that business are automatically transferred to the purchaser without a written assignment, unless there is evidence to the contrary. This means that if a company sells its entire business, the trademarks associated with that business, such as the company name or logo, will be transferred to the purchasing company without the need for a separate agreement. However, if the trademarks are registered under the Lanham Act or state registration schemes, a written assignment is required to transfer ownership. For example, if a company has a registered trademark like the Nike swoosh, a written assignment would be necessary to transfer ownership of that trademark to another company. Overall, the automatic-assignment doctrine simplifies the process of transferring ownership of trademarks during a business sale by eliminating the need for individual agreements for each trademark.
The Automatic-Assignment Doctrine is a legal principle that allows for the automatic transfer of certain contractual rights or obligations to a third party without the need for explicit consent or agreement.
The doctrine applies when a contract contains a provision that allows for the automatic assignment of rights or obligations to a third party. It is important to review the specific language of the contract to determine if the doctrine is applicable.
Yes, the parties can override the doctrine by including a provision in the contract that explicitly prohibits or restricts the automatic assignment of rights or obligations.
Contracts such as insurance policies, leases, and certain types of loans often include provisions that allow for the automatic assignment of rights or obligations.
No, the doctrine typically applies to rights that are considered to be purely economic in nature, such as the right to receive payment or the right to enforce a contract. It may not apply to personal rights or obligations that are specific to an individual.
In the absence of a provision allowing for automatic assignment, the general rule is that contractual rights or obligations cannot be transferred without the consent of all parties involved.
No, the doctrine usually requires that the third party to whom the rights or obligations are assigned is capable of fulfilling the obligations or exercising the rights under the contract. There may be limitations on who can be assigned the rights.
In some cases, yes. The doctrine may allow for the assignment of obligations to a third party who is not originally a party to the contract. However, this may be subject to certain conditions and limitations.
Yes, the parties to a contract can agree to waive or modify the doctrine by including specific provisions in the contract that address the assignment of rights or obligations.
If you have any questions or concerns about the doctrine in a particular contract, it is advisable to consult with a qualified attorney who specializes in contract law. They can provide guidance and help you understand your rights and obligations under the contract.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/automatic-assignment-doctrine/
- Modern Language Association (MLA):Automatic-Assignment Doctrine. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/automatic-assignment-doctrine/.
- Chicago Manual of Style (CMS):Automatic-Assignment Doctrine. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/automatic-assignment-doctrine/ (accessed: May 09 2024).
- American Psychological Association (APA):Automatic-Assignment Doctrine. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/automatic-assignment-doctrine/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts