Comments on: From Bowie Securities to Brand Bonds

By: TV

TV — Thu, 16 Oct 2008 17:48:24 +0000

The brands have in fact transferred to KCD IP. I checked the USPTO assignment records.

By: Victor Cook, Jr., New Orleans, Louisiana

Victor Cook, Jr., New Orleans, Louisiana — Fri, 20 Apr 2007 15:47:32 +0000

The legal issues you discuss here are very interesting. I had not considered them, since I’m a marketing guy. Come to think of it, you might be interested in my take on the “Sears Brand Bonds” at http://customersandcapital.com/

By: Frank

Frank — Tue, 17 Apr 2007 23:57:32 +0000

for more info on Robbie Williams and Korn’s deals, here’s nice post by Matt Bodie:

http://prawfsblawg.blogs.com/prawfsblawg/2006/01/metal_rockers_b.html

By: Frank

Frank — Tue, 17 Apr 2007 14:16:02 +0000

Thanks, Mike. That does clear things up re the finance side. There is some question in my IP textbook on “what would happen if a lender foreclosed on a trademark,” but they don’t answer it!

And welcome AboveTheLaw readers!

By: apparel » From Bowie Securities to Brand Bonds

apparel » From Bowie Securities to Brand Bonds — Mon, 16 Apr 2007 07:36:47 +0000

[...] snopes@snopes.com wrote an interesting post today onHere’s a quick excerptBusinessWeek has learned that Sears has created $1.8 billion worth of securities based on the brand names Kenmore, Craftsman, and DieHard. In essence, it has transferred ownership of the brands to another entity, which it then pays for … [...]

By: Mike Madison

Mike Madison — Mon, 16 Apr 2007 01:37:42 +0000

Fascinating — and timely. Can I say, simply, that IP “things” strike again?

But seriously: The article isn’t clear, but it doesn’t sound to me like Sears has sold the brands themselves. Instead, the marks are security in case the bond issuer (Sears) defaults. That raises an interesting question, but it’s not a question of who gets to sue — today — if infringement occurs. If there is a default, and the bondholder takes the security, then is enforcement of the marks prohibited — in the future — by the rule against assignments of trademarks in gross? That likely depends on the terms of the bond indenture: what, exactly, is being held as collateral?

By: food » From Bowie Securities to Brand Bonds

food » From Bowie Securities to Brand Bonds — Mon, 16 Apr 2007 01:01:49 +0000