Legal Question in Intellectual Property in South Carolina

Hello,

I have a business in SC in which I have 50% partner (we've been in business for abut 8 years). My partner decided to go ahead and open another business, exactly as the one we have, in another state, and he is using the same exact name without my authorization. In addition, he is trying to use the same advertising and marketing materials. Can he legally do that?

Thank you.


Asked on 4/14/11, 4:02 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I need additional information. When you say a 50% partner, do you mean the business entity is a partnership or a corporation? Depending on the type of entity and what the underlying documents say or don't say, you may have a very good case for a variety of things. These would include, as appropriate, unfair competition, trademark infringement, injunctive relief, etc. Consult with a good business or franchise attorney for specific advice.

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

Franchise Foundations, a Professional Corporation

Read more
Answered on 4/14/11, 6:36 am


Related Questions & Answers

More Intellectual Property questions and answers in South Carolina