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MATTER OF ROMAN CLEANSER CO.

No. 85-1379.

802 F.2d 207 (1986)

In the Matter of ROMAN CLEANSER COMPANY, Debtor. PATTERSON LABORATORIES, INC., Plaintiff, National Acceptance Company of America, Intervening Plaintiff-Appellee, v. ROMAN CLEANSER COMPANY, and G.E. Grogan, Trustee, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 30, 1986.

Attorney(s) appearing for the Case

Lawrence R. Shoffner, Jeffe, Snider, Raitt & Heuer, Brian G. Shannon (argued), Detroit, Mich., for defendants-appellants.

Thomas B. Radom (argued), Carole M. Crosby, Birmingham, Mich., for intervening plaintiff-appellee.

Before MERRITT and JONES, Circuit Judges, and THOMAS, Senior District Judge.

MERRITT, Circuit Judge.

The Lanham Act, 15 U.S.C. § 1060, limits the assignment of registered trademarks so that marks are assignable only "with the good will of the business in which the mark is used, or with that part of good will ... connected with the use of ... the mark." The issue here is whether a security interest in a trademark constitutes an impermissible "assignment in gross" under the Act if the security interest fails to cover machinery and equipment...

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