My partner has opened another business under a new llc yet operating under the same name and logo etc. What can I do?
5 Answers from Attorneys
You may warn him orally to cease and desist from any action that may harm your business partnership. If he does not heed your warning, you may bring an action against him for improper use of your partnership "trade name" and "logo" and for loss of profits. Hopefully, you have a written partnership agreement that provides for partner's rights and obligations. Otherwise, you will have to rely on oral agreements. You may need an attorney to eventually stop him from benefitting at your expense.
The above advice doesn't go nearly far enough. What your former partner is doing is appropriating trademarks (common law trademarks at minimum) that may not belong to him or her. You should discuss with an intellectual property attorney whether you have grounds to seek damages for infringement, and do so quickly.
Put him on notice and if that does not work, sue him/her in court.
All of the above answers are correct in part. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Both my colleauges are correct. To further the answer, any communication with your partner in the matter should be in writing and you should act as soon as possible or your partner may claim that you had in effect acquiesced to his actions.
I would be happy to chat with you further. Feel free to contact my office at your earliest convenience.
Roman R. Fichman, Esq.
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