Legal Question in Business Law in Oregon

Qwestdex ran an ad for the OLD company who had our phone number and not the ad for OUR NEW company (same line of work, different owners). Now the old company suing us for trying to steal new business based off their reputation and qwest still demanding we pay fifty percent of the ad bill. Am I liable to pay even though they ran a whole different ad with a whole different companies name and Contractor license info?


Asked on 11/25/09, 7:45 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

If you placed an an for Company A, and Qwest printed the ad naming Company B, then you do not owe Qwest anything.

As for old company suing you for stealing business, send them a certified letter explaining what Qwest did. If they have actually filed a lawsuit against you, hire a lawyer to present that defense Because, if you really did place an ad with the name of the old company, then you may have infringed their trademark or service mark or may have perpetrated the common law tort of "unfair competition" or "passing off." Essentially, it means identity theft of a competitor. Your attorney should also interplead Qwest as a defendant in the lawsuit.

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Answered on 12/01/09, 5:03 am


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