Someone I thought of as a business partner said he filed us a 501 (3)(c) for our organization, turns out he didn't and as of lately disappeared. We haven't received donations but a similar organization is claiming we are using their name and idea (we weren't) and are saying they will prosecute me for fraud among other things. Not being able to get into contact with my shady partner I have stopped all efforts and taken down all websites nearly a week before this happened and now today I was informed by the similar company if I do not do as they ask they will prosecute me, is this even possible? Should I lawyer up for harassment or should I follow their demands? Either way the organization we were starting is now out the window, I just want to know if they are just yanking my chain with a scare tactic or what to do.
2 Answers from Attorneys
You should of course be discussing this in private with a lawyer. That said, no, they cannot prosecute you for anything only law enforcement can. They may or may not have any civil claims, but this should be the substance of you consult with a lawyer.
You are welcome to call me on Monday for a phone consult. I do not charge for this call. Thee is not much more I or anyone can really offer without all the facts.
Have a good weekend.
At the very least you should retain counsel who will review the claims and will respond with an equally serious tone. The company who is making the threats should understand that unless they have a valid legal claim, their threats could be causing you damages for which they might be liable. One additional point of information to keep your eyes on is your domain name. If your domain name resembles the other company's name it is possible that they might file an ICANN dispute which may risk your ownership of the domain.
As such you should consult with an attorney as soon as practicable. Please contact my office at your earliest convenience.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
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. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. 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.
Related Questions & Answers
Hello I have a legal question about gift shares in my private corporation. I am... Asked 10/18/13, 3:04 pm in United States New York Business Law
Is it better to continue or stop a questionable fee until a good answer is found? Asked 10/18/13, 1:53 pm in United States New York Business Law
If I have a business operating in two states, and I want to form an LLC, should I... Asked 10/17/13, 7:56 pm in United States New York Business Law
If a dog grooming company mistakenly gives the dog to the client's twin should they... Asked 10/15/13, 6:44 pm in United States New York Business Law
2,5 months ago I accepted an assignment from a customer. Clause 10 of the (signed... Asked 10/12/13, 2:50 am in United States New York Business Law