Co-ownership of trademarks is rare. Some courts have even gone so far to say co-ownership is disfavored. But co-ownership disputes do occasionally reach the courts, most recently in Reed v. Marshall, which involved band members arguing over the use of the band’s co-owned name. The dispute here involved the 1990’s R&B group Jade and use of the “Jade” name by some of those members without the permission of others. The United States District Court for the Southern District of Texas ultimately didn’t “Like the Way” the case came together and granted summary judgment for the Defendants, finding they could not be liable for trademark infringement based on their use of a band name they co-owned, even without permission of the other co-owner. The decision illuminates the unique features of disputes between trademark co-owners and, in particular, the dangers that can arise from co-ownership.
