Legal Question in Business Law in Louisiana

I have a new competitor that has been copying all of my marketing and advertising materials, ranging from replication of design to actual text. I believe that they are trying to be as similar as possible in order to pass themselves off as my brand since we are more established and have laid the ground work for the service we provide in our area. Additionally, I have proof that the company accessed my website and requested the copied marketing materials. Is there anything I can do to stop them that wont cause me to file suit against them?


Asked on 10/07/10, 7:01 am

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say you may have a number of claims against the new competitor. The only recourse to filing a lawsuit is a demand letter. These are typically written by attorneys, and if it is not resolved then a lawsuit follows. Consult with a good business attorney in your area for specific advice.

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

Franchise Attorney

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Answered on 10/12/10, 7:57 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Mr. Franchise is partially correct.....a cease and deceased letter may get the guy to stop but what about the damage he has already caused your business? A Temporary Restraining Order, with rule for Injunction is a legal filing, but may be the only way to stop the guy. Again, any damage he did to your company or design or ideas cannot be rectified without a lawsuit.

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Answered on 10/12/10, 3:46 pm


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