Legal Question in Business Law in New Jersey
I owned my own construction company for over ten years but was forced to close business because of the economy. I have not completely terminated the company as I am still in the process of filing bankruptcy. Anyway, I did several multi-million dollar homes in which I am very proud of. One of my employees, whom I fired before the end of the company, has since opened up his own construction company. On his company website, he has posted pictures of several of the homes built by my company and he is claiming them to be done by his new company. I know this is not legal, so my question is, what exactly is he guilty of and do I have a case against him if i decide to sue? Also, would i have a case against one of the homeowners if they willingly and knowingly let him take pictures and post them to his site, even though they know very well the work was not his to be claimed?
2 Answers from Attorneys
Thank you for your LawGuru question. What you describe may give rise to a claims for unfair competition and "passing off" as well as other claims. However, we'd need to discuss the matter in greater detail. Please contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
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With best wishes,
Barry F. Gartenberg, Esq.
You have at least three courses of actions. One, send a cease and desist letter to your former employee demanding that he stop advertising the home as his. Second, file a complaint with the NJ Division of Consumer Affairs for deceptive advertising. Third, file a complaint with the FTC (Federal Trade Commission).
If you need help with drafting the letter and filing the complaints please contact my office at your earliest convenience.
Roman R. Fichman, Esq.
www.TheLegalist.com │ @TheLegalist
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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
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