[E-trademarks] Proper applicant when client is under Model A fiscal sponsorship

[Sam Castree]

Dear Jessica,

These are just my off-the-cuff thoughts, but I don't see anything wrong
with the sponsor being the applicant.  The podcasters clearly seem to be
employees of the sponsor, and so are presumably acting as agents of the
sponsor in creating the podcast.  As such, those same employees can be the
ones who are ensuring the quality of the goods and services on behalf of
the sponsor, and so the sponsor owns the mark.

That said, I also don't see a problem with the client group bringing their
own IP to the table, so to speak.  The "group" is not a separate busienss
entity as such, but the clients as individuals can jointly own a mark and
then continue using that mark while being under the aegis of the sponsor
for financial and administrative purposes.  Although, that gets harder to
support if the podcast only began after the client group got hooked up with
the sponsor.  Related question, would the podcasts themselves be considered
works made for hire under copyright law?  Would the sponsor think so?  That
might help to inform the answer, perhaps.

I suspect that a lot of this might turn on the contract between the sponsor
and the client group, the timing of when the podcast started *viz à viz*
the client group beginning to work with the sponsor, and maybe even the
relevant jurisdiction's labor laws.  But, again, just spitballing.  I look
forward to hearing from others with better ideas.  It's certainly an
interesting bit of puzzle.

Cheers,

Sam Castree, III

*Sam Castree Law, LLC*
*3421 W. Elm St.*
*McHenry, IL 60050*
*(815) 344-6300*



On Thu, Nov 14, 2024 at 2:53 PM Jessica R. Friedman via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

>
>    - I represent a group that produces podcasts under a Model A fiscal
>    sponsorship and wants to register its name. A fiscal sponsor is a nonprofit
>    organization that provides fiduciary oversight, financial management, and
>    other administrative services to charitable start-up operations.
>
>
>
>    - Under Model A, the group being sponsored becomes part of the sponsor
>    company; it doesn’t form its own corporate entity. So, the two people who
>    work for my client’s group receive salaries on a W-2 from the sponsor
>    entity, and the sponsor has to sign all contracts that the group wants to
>    enter into. But the sponsor entity has no input into or right of approval
>    over the podcast content or any other aspect of the actual podcast
>    services.
>
>
>
>    - Who is the proper trademark applicant: the sponsor entity or the
>    individual members of the group? It seems to me that as long as the members
>    of the group are employees of the sponsor, the sponsor entity has to be the
>    trademark applicant, but since the sponsor itself has nothing to do with
>    the quality of the podcasts, this just seems wrong.
>
>
>
>    - Has anyone had experience with this situation, or does anyone else
>    have any thoughts?
>
>
>
>
>
> Jessica R. Friedman
>
> Attorney at Law
>
> 300 East 59 Street, Ste. 2406
>
> New York, NY 10022
>
> Phone: 212-220-0900
>
> Cell: 917-647-1884
>
> E-mail: *jrfriedman at litproplaw.com <jrfriedman at litproplaw.com>*
>
> URL: *www.literarypropertylaw.com <http://www.literarypropertylaw.com>*
>
>
>
> [image: 1479430908386_PastedImage]
>
>
>
>
>
> --
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