Legal Question in Intellectual Property in Florida

I have a small business idea that I am working on. When starting this idea I was involved in a relationship with someone. This persaon was around my ideas and saw what I was developing. He saw my logo and name which was contraband clothes and my logo had the iron cross and a design around it and in it. I reg with the state as a business and the irs. I bought the domain name and started to gather vendors to sell clothes. The vendors were in the catagory of Surf, skate, MMA, and bikers. Well I found out recently that he has opened a web store named Contraband Designs, he is using the iron cross logo(different but still same concept), he is also selling the same clothes that I was going to sell.

Can I do anything?

Jennifer


Asked on 1/12/11, 5:20 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney who has worked with companies that use ideas to expand to hundreds and thousands of locations, I can say this. Intellectual property rights like you've listed are hard to invent, yet relatively easy to lose if not protected. There is not enough information in the facts you listed to determine if (or what) intellectual property rights belonging to you were infringed or taken. A detailed consultation with a a good business or franchise attorney is required for specific advice.

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

Franchise Foundations, a Professional Corporation

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Answered on 1/17/11, 7:03 am
Scott Behren Behren Law Firm

YOu may have a claim against him for copyright infringement. You have a copyright in things you have created like logos etc even if you have not yet filed for the formal copyright.

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Answered on 1/18/11, 8:13 am


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