Can a supplier who has been providing an ingredient for over (1) year, file a law suit against my company for using it as an ingredient in my trademarked company's seasoning mix?
3 Answers from Attorneys
Since you've left out all the details (such as the contract you have with the supplier, what the ingredient is and how you are using it) there is obviously no way here anyone can guess.
There is no such thing as a trademarked company (product names and business names can be trademarked. Companies cannot.
Since you say you have a business, and no serious business would ever begin or operate without a lawyer, I am perplexed why your lawyer has not addressed this with you. Did you not ask him? (Since you've gotten sued, it would be a very good idea to call that lawyer).
Of course. Whether that lawsuit is successful is a different question. As Mr. Ashman rightly suggests, you should either speak to your current attorney or retain one ASAP. No one can give you any kind of answers without knowing much more.
Yes, a supplier may file a lawsuit for breach of the terms of the contract between you and the supplier. The terms of the written agreement will dictate whether the supplier has the grounds to succeed in the lawsuit.
At this point, you should consult with an attorney and provide additional details to allow a better assessment of your particular situation. However, do not post the specifics on this public website.
Please call my office this afternoon for additional information. (404.496.4119)
S. Quinn Johnson, Esq.
3348 Peachtree RD NE, STE 700
Atlanta GA 30326
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