Legal Question in Business Law in Maine

business

I bought a deli 10 years ago named zecchinos for 50,000. I bought the name, menu etc. I changed the name eventually, but it's still the same menu etc. My lease was up and the landlord wouldn't release to me as his daughter wanted to open a deli. She partenerd with another girl who is the daughter of the original deli. They are now opening the deli with the name zecchinos and using the original menu which is what i have, can they do this? They also wanted the same phone # to the deli, but i wouldn't let them use it.


Asked on 7/06/08, 8:28 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: business

There are a number of related but seperate elements to your question. When you bought the old deli, was it an asset or stock purchase? If it was an asset purchase, what did you do afterwards to protect the assets -ie- did you register the name, incorporate, etc?

Unless there is some secret to the recipies that the daughter of the former owner is using, the menu itself is not protected, although if there are specially named items you may have some protection if they have started using essentially a photocopy of your menu.

As to the phone number you are well within your rights to hold onto to it.

As you can tell from this answer, you probably should meet with a lawyer to further discuss the facts as this is a fact-specific situation.

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Answered on 7/06/08, 8:45 pm


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