Legal Updates

An agreement defining relations between parties will prevail over a later agreement dealing with a specific matter

December 5, 2017
Print

A shareholder in a company authorized a competitor to use a trademark of the company. Following the demise of the shareholder, the company filed a claim due to the use of the trademark.
The Court held that granting permission to another to use a trademark requires registration with the Registrar of Trademarks and without registration it is of no validity. In any case, a shareholder is not empowered to grant rights to company assets. However, on the contractual level, the receiver of the right of use is entitled to sue for breach of the agreement for receiving a powerless authorization.