My son built a kart that he was killed in. The kart was sold for scraps. I am starting a foundation of which images and logo of said kart will be created and used along with two phrases he would often use. I would like to have them trademarked/copyrights yet not sure if my sons wife would have any rights or claims to the foundation logos, trademarks/copyrights, etc.?
Sorry for your loss -- my condolences.
This is a more unique situation than others related to trademark and copyright. The intellectual property is related to a person. There are specific issues related to trademarks for surnames. There is also the issue of right to publicity (or right to likeness of a person), which is state dependent. Also, if this is a foundation, there will likely be actions taken to have the foundation ongoing, or if not, provisions for dissolution under certain circumstances. Also there should be a trademark clearance search to decrease the risk of a trademark infringement suit later.
Consider consulting with a local attorney to find a course of action based on the specific facts.
This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship.
