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This is a classic due-diligence item during early funding rounds - up there with "does the company actually own its domain name or do one of the founders own it"?

I suspect either due-diligence caught it and decided to live with it after some negotiation, or they missed it - oops!

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No, they just decided later to re-name the company from WeWork to We - and then they needed the new brand name

The founder already personally owned the trademark to "We" well before they made that decision? That's lucky.

In that case wouldn't he simply have to divulge that fact early on in the decision-making process? "Guys, maybe I should recuse myself on this decision since I'm in a bit of a conflict..."

He has majority voting rights, he's the one making these decisions.

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