Legal Question in Intellectual Property in Louisiana

I have 50% stock and am the president/ceo of a small company that has a few trademarks.The partner(secretary) in the company started a company under a similar name and is using the trademarks on his own. He also drained the company accounts. The products are being sold worldwide and are generating millions in revenue. I want him to stop using the trademarks of our company or pay me for their use past present and future. I developed the product and he is now manufacturing elsewhere . Should I file a cease and desist as well as a law suit? Can I find an attorney to work on contingency.


Asked on 4/15/11, 10:22 am

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

s a Franchise Attorney I can say this. The issues you present are complex and not subject to an adequate answer on an online bulletin board like this one. A review of all facts, documents and circumstances is necessary. From what you say, very likely the secretary has abused his office. I don't know what you mean by "drained by company accounts," but it seems like embezzlement is also an issue to look into. An injunction preventing his current activities is probably the first step after the case analysis is done. Consult with a good business or franchise attorney for specific advice. You can contact me via the website link below.

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

Franchise Foundations, a Professional Corporation

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Answered on 4/15/11, 6:25 pm


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