I resigned from a sales and marketing company three years ago. As per my employment agreement, I waited one full year and then started a similar company. A year into it, March of 2012 my former employer discovered what I was doing and tried some unsuccessful legal tactics to stop me. That same month he discovered I had failed to trademark my name and he went out and trademarked it. Do I have any recourse. e sell our product nationally.
Answered on: 6/07/13, 9:49 am by Barry Gartenberg
To paraphrase H.L. Mencken, — For every question, there is an answer that is simple, neat and wrong. ---
You probably have recourse, but such cannot be determined based on a brief email exchange. I routinely represent business owners in matters such as yours and invite you to contact me to discuss your circumstances.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
Please visit my website! www.bgartenberg.com or call me 973-921-0600 if you’d like to learn more about me or my practice. Thank you.
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