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US-CA9 · jury_instructions

9th Cir. Model Jury Instr. (Civil) 15.15

Trademark Ownership—Assignee

activein force · 2026-08-20 – presentas-observed

(15 U.S.C. § 1060)

The owner of a trademark may [transfer] [sell] [give] to another the owner’s interest in the trademark, that is, the right to exclude others from using the mark. This [transfer] [sale] [gift] is called an assignment, and the person to whom this right is assigned is called an assignee and becomes the owner of the trademark.

[The assignment must be in writing and signed.] To be enforceable, the assignment must include the goodwill of the business connected with the mark.

An assignee may enforce this right to exclude others from using the trademark in an action for [infringement] [or] [insert applicable form of unfair competition from 15 U.S.C. § 1125(a)].

[The plaintiff is an assignee, who has received an enforceable ownership interest.]

Provenance

Source
ce9.uscourts.gov
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
0ad7e45267ad763d204f8f2ed256d9c5e86f91a8fe8c57aacdfd9ffab2f8ad0d
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