DALLA, April 13, 2018 – Kelly Kubasta, an IP Shareholder and IP Practice Group Leader in FBFK’s Plano Office, presented at the 41st Annual Marriage Dissolution Institute. Mr. Kubasta discussed the unique topic of “Dealing with Intellectual Property Issues in Divorce.”
Amongst a number of issues, Mr. Kubasta stressed the importance of creating an inventory of all intellectual property assets in the marital estate at the outset of the engagement, regardless of the size of the marital estate. In some cases, the IP assets may be obvious — for example, if the marital estate owns rights to a commercial product, a work of art, or a family-owned business. However, it is also important to consider other intangible assets of potential value, including social media accounts, blogs, or other online channels that have a significant following and the potential (or present) ability to generate revenue through sponsorship and advertisement opportunities. Another issue addressed in Mr. Kubasta’s presentation was the sometimes difficult process of characterizing patent-related assets as community property or separate property. Finally, to help prevent complicated and costly IP-related disputes during a divorce, counsel may wish to encourage a married client to proactively address identification, ownership, and division of intellectual property assets during the marriage, thus avoiding uncertainty if and when the client’s marriage subsequently ends.
Ferguson Braswell Fraser Kubasta PC is a full-service business law firm located in Plano, Texas, with additional offices in Houston, Texas, and Silicon Valley, California. We focus on providing exceptional counsel and value. Our attorneys have a breadth and depth of experience covering Corporate, Mergers & Acquisitions, Real Estate, Securities, Employment Law, Intellectual Property Portfolio Management, Patent/Trademark/Trade Dress/Copyright Litigation, Commercial Real Estate, Commercial Litigation and Mediation, and Estate Planning
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