Legal Question in Business Law in California

I own a company that sells business to business as my own name brand products.

we have some businesses that also sell our product online via web pages. one of our authorized dealers is no longer a dealer for our product and is not allowed to sell,distribute or retail our product but has our product posted up on his web page ( for web traffic im sure) how can i legally ask for our product to be taken down and can i persue a lawsuit if they dont?

my compnay is located in california as well as the company thats no longer a partner.


Asked on 1/30/12, 11:28 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes. you can legally demand that your trademarks and trade name no longer be displayed and advertised. If your trademark(s) is/are registered (as they probably ought to be), your demand will have more teeth. Your case, if you had to sue, would probably belong in the United States District Court, and I believe the subject would come under the term "trademark dilution."

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Answered on 1/30/12, 11:55 am
Jim Betinol Withrow and Betinol Law

I agree with the attorney above. To add, depending on the circumstances, you can also require them to return any remaining product not yet sold. Feel free to contact me or an attorney in your area to discuss this matter further.

Jim Betinol

Partner

Withrow and Betinol Law

www.wibelaw.com

E: [email protected]

P: 424.229.2560

F: 424.258.7001

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 1/30/12, 12:22 pm


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