Legal Question in Business Law in California
use of name
I sold my dental practice to another local dentist. In our sale of practice agreement was no mention of use of my name or phone # after the sale of the practice. I have not worked in that dental office(where i sold the practice) for a year. My name is still used on their web site,phone answering machine and staff still answer the phone with my name.My name is on their stationary and signs on their building. I don't want to have any liability since I no longer have any connection to that practice. How can I best inform the dentist that I want my name totally removed from that practice?
5 Answers from Attorneys
Re: use of name
A request to stop using the name would be a start. You have several negotiating points, including use of the phone number and several others I would use. Of course, I would want to review the agreement to make sure of your position. Even the telephone number is separately paid and negotiated; When my father sold his dental practice, all these items were in the contract.
Joel Selik
800-894-2889
Re: use of name
Your ability to remove him depends on the contract. We will be happy to review your documentation and meet with you. Maybe a simple letter could solve your problem.
714 363 0220
Re: use of name
Have an attorney review your sale agreements and if appears ok, have him/her write letter.
Re: use of name
Write him a letter demanding that he stop, tell him you will sue if he doesn't, and give him a firm deadline by which he must respond. If this doesn't get results, hire a lawyer to sue him and seek an injunction.
Of course, there may be reasons why he is entitled to use your name. Your lawyer will need to see the agreement before he does anything else, and you may want to have a lawyer check it out before you even make your demand.
As to the phone number, you're probably out of luck. That seems like something he would be able to keep as part of the purchase.
Re: use of name
Before you make any demands, review the sale agreement and see what you sold. Quite likely you sold the "goodwill" and/or "intangible property" of the business, which would probably include the name under which the practice was carried on.
This is an answer based on contract law and sale of businesses in general. I don't know whether the dental profession has any special rules requiring (or forbidding) the use of names of dentists who are (or are not) active in the practice. In the law profession, we have some limits on the inclusion or exclusion of names from the firm name. So, you might want to check with your professional licensing or ethics board to see whether the continued use of your name violates professional rules even if, under the contract of sale, the buyer had a right to continue to use the former business name (which happens to be your personal name as well).
I think the approach suggested in the previous response is a bit too aggressive.
Related Questions & Answers
-
Is a 50 year old check collectible? I have a recently discovered check, dated... Asked 2/03/04, 8:04 pm in United States California Business Law
-
Assembly bill What is assembly bill 109 Asked 2/03/04, 6:44 pm in United States California Business Law
-
Use of logos on clothing Can I use other companys logo, such as a vintage beer... Asked 2/03/04, 1:12 am in United States California Business Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
