Legal Question in Business Law in Massachusetts

Breach of Advertising Agreement

I am part of a group of 3 businesses that D/B/A under the same name. We are in 3 different cities, and we agreed to handle advertisement in our respective areas to cover a broader area as well as maximize internet advertising. One of the businesses has dropped out and changed their business name and modified their ads with both the old business name and their new name inside the advertisement. I have a letter stating that they wanted to split and be a separate entity from us, but they are using our name at the top of some of their listings on Yellowbook dot com. Is there any legal action I can take to get them to change the ad so that our name is not affiliated with their new business? If it is too late to change the ad (i.e., a phone book listing), do I have legal grounds to sue for a breach of contract/agreement? Thank you in advance.


Asked on 7/02/09, 2:41 pm

3 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Breach of Advertising Agreement

Did you set out your Agreement in writing? Without a written agreement, it will be more difficult (but not impossible) to determine who in fact owns the d/b/a and has the rights to use it.

If they are no longer affiliated with you, then you have the right to demand that they cease using your entity's name.

You may want to consider a suit here in Massachusetts for injunctive relief to stop the unauthorized use of your trade name, as well as a claim for tortious interference with advantageous business relations.

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Answered on 7/02/09, 3:12 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Breach of Advertising Agreement

You may have a number of remedies. Some of these depend on the existence and contents of any documents, and other communications that shed light on this.

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Answered on 7/02/09, 5:48 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Breach of Advertising Agreement

There may be a possible cause of action for unfair or deceptive trade practices & unfair competition.;) It really depends upon the terms & conditions of your agreement. Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.;))

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Answered on 7/14/09, 1:34 pm


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