Legal Question in Business Law in Michigan

I have a verbal agreement with 2 busness partners that the use of the name of our company and the logo be used collectively and not indiviudally. One partner has now used the company name and her name only on the internet to estblish her name solely. Pleae advise. We do not have an employment agreeemnt only a lease for the property we share. I would like this person to leave the organziation. The other partner and I will be signinig an LLC and service agreeement.


Asked on 2/20/11, 7:55 am

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Your verbal agreement may be difficult to prove and under certain circumstances, be void based on the statute of frauds. It really depends on the facts. Visit kliszlaw.com to discuss. Tim Klisz

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Answered on 2/20/11, 9:46 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. It doesn't appear you are trying to prove all terms of your partnership agreement, just the collective use part. If that's the case, and there are two partners (of the three) willing to testify, it may not be as difficult as the other attorney says. Of course, there are other factors to consider, including who owns the company name and logo, steps taken to protect it, etc. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/21/11, 7:22 am


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