Legal Question in Business Law in New York

My partner has opened another business under a new llc yet operating under the same name and logo etc. What can I do?

Asked on 1/23/12, 7:57 pm

5 Answers from Attorneys

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,
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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.

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Answered on 1/23/12, 8:11 pm
David Browde David A. Browde, P.C.
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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.

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Answered on 1/23/12, 8:45 pm
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.
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Put him on notice and if that does not work, sue him/her in court.

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Answered on 1/23/12, 9:57 pm
Steven Czik CZIK LAW PLLC
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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.

CZIK LAW PLLC

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New York, New York 10013

212.413.4462

[email protected]

The information provided by Czik Law PLLC (CLP) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. CLP is not taking and will not take any action on your behalf and will not be considered your attorney until both you and CLP have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain CLP on terms acceptable to CLP, you are advised to immediately seek the services of another attorney.

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Answered on 1/24/12, 3:46 pm
Roman Fichman Esq. Law Practice of Roman Fichman Esq.
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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.

www.TheLegalist.com │ @TheLegalist

email: Info (@) TheLegalist (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 1/29/12, 7:26 pm

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