Legal Question in Business Law in Colorado

I am a business owner (LLC) in Colorado. We have a competitor in our area that sells some of the same products as we do. Over the past couple years, since our competitor started doing business in our area, we have encountered many of our customers who are under the belief that our competitor is actually us. We have always been suspicious that there was some misrepresentation from him however we could not prove anything. What we have heard from our customers is that he will not deny the fact that he is affiliated with us. He just goes along with their misbelief. I have heard from a few customers that he says he supplies us with product, which is false. We have never conducted any business transaction with him or his business. We believe that we have lost some of our customers as result.

Today, I found on his website that he has a page that shows a direct affiliation as the supplier to my business. My business logo is the largest logo on his site.

Now that there is proof of misrepresentation, what legal recourse do I have?


Asked on 2/24/13, 12:24 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Your recourse is to first demand that he stop doing such actions and remove any logo or related materials of yours from his site. You should speak with an attorney to make a demand to desist and then have a settlement agreement. There could be trademark issues as well.

So first try to resolve this then consider filing suit. The first step is to speak with a business lawyer. Like most attorneys, our office provides a free consultation to discuss the matter further. Good luck.

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Answered on 2/24/13, 12:33 pm


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