My question refers to a search I performed regarding the ownership of the motto, "WHEN YOU'RE HERE, YOU'RE FAMILY" that was at least at one time the motto of Olive Garden restaurants.

The part that I'm confused with is that according to several segments of The Tonight Show with Jimmy Fallon and a BuzzFeed article, the rights to the aforementioned trademark were transferred to Jimmy Fallon sometime in 2013.

However, as the below image shows, the rights still belong to "Darden Corporation" which is the parent company of Olive Garden. enter image description here

Furthermore, in a recent segment (Oct 2018) of The Tonight Show with Jimmy Fallon, he transfers the rights of the trademark to Post Malone. Refer to this YouTube video.

I guess my second question is, how does one determine the legal ownership of a trademark if the USPTO search doesn't return updated information?

  • Blattinum, this site is about patents, not trademarks. You might better move the question to the Law SE site.
    – Eric S
    Oct 12 '18 at 18:17

How does one determine the legal ownership of a trademark?

Same as with patents. You don't.

There is no obligation to register a change in ownership with the uspto (or epo,...).

You can ask the owner and if someone attacks you with a patent/trademark at least in court you might be able to gather evidence in discovery to judge if the other side actually owns the patent/trademark. But other than that, you can't know.

Which is “okay“ because you're supposed to not infringe no matter who it belongs to and licenses can't just go away without the licencee knowing.

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