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Trademark Question And Ip Question.

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Location: California. Hi, a friend reached out to me recently. Her husband owned an entertainment company for years that produced various original media— clothing, posters, records, books, and had a popular storefront. I worked for them for a bit and stayed friendly with the husband/owner until his passing last year. Before he died he gifted the trademark of the company to his former business partner. Just last month that person passed away as well and some random person bought the trademark within days and reopened the location and is operating it like it was before (I should mention the storefront had been closed for over a decade). There’s nothing my friend can do about the trademark issue, however, is the new trademark holder allowed to sell the media that was created back in the day? Does it count as copyrighted IP and would those rights transfer to the trademark holder? She contacted a lawyer but they told her there’s no money in the case so they didn’t provide any help. But does she have any legal ground to tell them they can’t sell the merch, specifically photos and logos that her husband created? She is wondering if she can reproduce old products she still has the files for but not for the money (she is fine financially), but to honor the former store (she is rightly upset). She just wants her husband to get credit somehow since it was his legacy and some random guy basically stole it. I reached out amicably to the new trademark holder for her but they are not responding. Any advice is appreciated. Thanks.

submitted by /u/LostGazer151
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