San Antonio Lawyer Loses Bid to Trademark Her Own Name
SAN ANTONIO – san Antonio lawyer Kirsten Carabin has been denied a trademark for her own surname,following a legal battle with her former firm,Carabin Shaw. A dispute over the terms of her 1999 divorce and subsequent departure from the firm culminated in a court hearing where arguments centered on a 2010 agreement regarding the use of her name.
The case highlights the complexities that can arise when personal names become integral to business branding, particularly in the context of dissolving partnerships.Carabin had sought to trademark “Carabin” for her new firm,but Carabin Shaw argued the agreement she signed upon selling her interest in the original firm restricted her use of the name.
Carabin and Shaw founded carabin & Shaw in 1995, later divorcing in 1999. She retired from the practice in 2003, and Shaw purchased her interest in the firm, including the carabinshaw.com website, according to a lawsuit filed by Shaw’s firm.As part of the sale, Carabin granted the firm the right to continue using her surname.
During an April court hearing, Jason Davis, a San Antonio lawyer representing Carabin and her firm, stated that the agreement limited Carabin Shaw’s use of the name “Carabin” to a five-year period, anticipating her return to practice. However, Shaw’s firm disputed this claim.
According to a transcript of the hearing,attorney Cedillo,representing Shaw,argued that Carabin received $375,000 in 2010 for her shares and assets,in exchange for relinquishing the use of her name and agreeing to a five-year non-use period. “She gave up the use of her name…and she agreed,” cedillo stated. He further emphasized that Shaw’s firm gained ownership of the firm name as part of the agreement.
