In re Together Development Corporation
United States Bankruptcy Court for the District of Massachusetts
227 B.R. 439 (1998)
Relevant factsFree
TDC (debtor) owed shareholder Horace Trimarchi (defendant) $200,000 on a promissory note secured by TDC's trademark in its dating service; Trimarchi recorded his security interest by filing with the U.S. Patent Office rather than with a secretary of state, and when TDC later filed for bankruptcy and sought to sell its assets including the trademark, TDC argued Trimarchi's interest was unperfected and that TDC held superior rights as debtor in possession.
IssueFree
Under the Uniform Commercial Code, is a security interest in a trademark perfected by filing a financing statement, rather than by recording the interest in the United States Patent Office?
Related cases
Boosey & Hawkes Music Publisher, Ltd. v. The Walt Disney Company145 F.3d 481 (2d Cir. 1998)Architectronics, Inc. v. Control Systems, Inc.935 F.Supp. 425 (1996)In re World Auxiliary Power Co.303 F.3d 1120 (2002)Bowers v. Baystate Technologies, Inc.320 F.3d 1317 (2003)Pasteurized Eggs Corporation v. Bon Dente Joint Venture296 B.R. 283 (2003)