Legal Question in Business Law in Texas

I have 2 questions. I sold a business to someone 6 years ago. This person is no longer running the business or using the logo. I recently called the person to ask if I could use the logo and she said no. This logo was never trademarked can I create a variation of the logo to create a new one? Also I want to use the same name the original name was mainstreet.com and she has is registered as main street,mainstreet.com and other variations. Can I start mainstreet.co and be fine? I already went to the courthouse and registered an assumed name, but wanted to know could she do anything about that?


Asked on 7/02/14, 1:46 pm

1 Answer from Attorneys
Steven Frankoff Law Offices of Steven Frankoff

I would have to examine the facts in more detail, and this is not a legal opinion, but merely generalized advice.

Since you sold the name, and the logo, and since you accepted consideration, I believe, without looking at the document of transfer, that you could be in for some trouble if you appropriated what you have sold. A variation might slip by, but if your purchaser fought you, especially after her specific refusal as to your request to use the name/logo, I think she would have some good legal/equitable arguments. The same is true about the assumed name certificate.

Again, this is not legal advice, but merely a generalized response. This response is not to considered an acceptance of representation. If you care to contact me - please do so through lawgura. Thanks

Read more
Answered on 7/03/14, 3:22 am


Related Questions & Answers

More Business Law questions and answers in Texas