Legal Question in Business Law in Florida

Re: Use of corporate name (trademark) by others in advertising

Based upon your statement of facts, it appears that the usurpation of your name is wrong. If a letter does not stop the improper use will have to halted through suit. Call me or Ravi Batta at 305-940-8080

Re: Use of corporate name (trademark) by others in advertising

You should first determine what rights, if any, you have in the name and proceed from there.

Best regards,

Bill Wright

The foregoing is for informational purposes only and does not constitute legal advice.

Re: Use of corporate name (trademark) by others in advertising

You should send a letter as soon as possible advising them to cease and desist. A lawsuit may be necessary. Good luck.

Re: Use of corporate name (trademark) by others in advertising

I have had to remedy the same situation for two clients of mine and one of them was also in business for 30 years. If you need help then contact my offices on Monday for assistance.

Sincerely,

Randall Gilbert

Re: Use of corporate name (trademark) by others in advertising

NOTE: This communication is not intended to be legal advice. Instead, it is intended solely as a general statement regarding legal principles. You should not rely on or take any action based on this communication without first presenting all relevant details to a competent attorney in your jurisdiction, receiving such attorney's individualized advice for you, and establishing an attorney-client relationship. By reading this "Response" to your question or comment, you agree that the opinion expressed herein and/or the information contained in this response is not intended to, nor does it, create any attorney-client relationship with the law firm of Gonzalez & Associates, P.A. or any of its attorneys, nor does it constitute legal advice to any person or entity reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree with the foregoing, then you are instructed to stop here, and do not read any further.

Do you have the name and/or logo of your company registered as a trademark in Florida? Did you have a non-competition agreement with your former employees? Have your former employees actively solicited your clients? Have any of your clients visited your new competitor because they were confused by the use of your company's name in any of your competitors signage or advertisement? What financial loss, if any, have you suffered? Did your former employees take your client lists or any computer data or proprietary information that belonged to your company for use in the competing business? These are some of the questions that you should discuss with a lawyer. After learning all the facts, your lawyer will likely write a demand letter to your former employees and their new company demanding that they immediately cease and desist from all usage of your company's name, in any manner whatsoever, and advising of the possible ramifications of ignoring the demand, which may include a civil action seeking money damages, an injunction, etc., assuming you have a viable legal basis to pursue any lawful claims. Good luck.