Legal Question in Business Law in California

Licensing Contract

I have licensed my embroidery designs to a company for production.The company cannot continue to manufacture because of lack of funds. I have not been paid for what has been sold according to our contract agreement. Can I dissolve the contract agreement based on the above, what legal steps should I follow to do so, or will I need an attorney to dissolve the contract?


Asked on 6/26/02, 1:59 pm

2 Answers from Attorneys

Re: Licensing Contract

You certainly can sue the company for non-payment. However, the details of how you should proceed and your exact remedy depends on the specific terms of the contract. I am assuming you have a written contract. If not, then the oral agreement would still likely be enforceable.

Whether or not the company has filed for bankruptcy protection is also relevant.

Unless you are familiar with contract analysis, you should consult with an attorney to counsel you and to take legal action against the company.

D. Alexander Floum is an experienced attorney and a law school professor.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

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Answered on 6/26/02, 2:25 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Licensing Contract

If the company cannot continue to "manufacture" because of a "lack of funds" and goes out of business, you do not need to do anything to "dissolve" the contract. However, depending upon what your "contract agreement" says, this failure is likely a breach of contract, for which you can sue to recover your damages, particularly if you have not received the money you are owed for past sales.

A great deal more information is really needed to adequately answer your question. You would probably benefit greatly by having an attorney look at whatever documents/contracts you have, and discuss the facts of your situation with you.

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Answered on 6/26/02, 2:34 pm


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