Court Allows Elder Abuse Claim in Wonderwet Trademark Dispute

A U.S. District Court for the Central District of California ruled on October 6 that heirs of Donald Dobrenski could advance a financial elder abuse claim against Gellner Industrial LLC in a trademark dispute involving the Wonderwet mark.

The court found the heirs plausibly alleged that the manufacturer appropriated the mark after Dobrenski's death by continuing its use without making commission payments. Judge Fred W. Slaughter dismissed claims for breach of oral and implied contract, holding that any agreement extending beyond the decedent's lifetime required a writing to be enforceable.

The opinion noted that trademarks constitute valuable property rights, supporting the viability of the elder abuse allegation based on the alleged taking of the mark.

The case centers on rights to the Wonderwet registration, originally associated with a wetting agent for paints and adhesives.