Legal Question in Business Law in Virginia

I put my name on a friends business.

How do I write a letter that informs another person to stop doing business under my business name, while reminding them that in earlier conversation, they agreed to pay any financial obligatiions to the business.


Asked on 10/18/06, 4:04 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: I put my name on a friends business.

I think you have raised two entirely different issues and the second issue makes me wonder if I really understand what is going on with the first issue. However, there isn't anything really special about writing the letter you asked about for using your business name. You will want to be careful not to admit anything harmful. THE TRICKY PART HERE is knowing WHETHER OR NOT you have the right to demand that they stop using your business name. That may involve a lot of difficult questions including trademark law, common law trademark law, etc., etc. When you write a "demand letter" you will want to make sure you don't say anything inconsistent with your best legal argument for claiming the right to the business name. Writing a letter demanding they stop should be simple. Knowing what your legal rights are for exclusive rights in your area to the name is the hard part.

Your second question about paying financial obligations to the business makes me wonder if you bought the business from them. If tehre is a contract like that, this would be entirely different. The rights would be mainly governed by the contract. But we don't have enough information hre about that.

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Answered on 10/18/06, 5:24 pm


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