Legal Question in Business Law in Texas

dvd rights

In august 2004 a dba was filed by three persons,two brothers and myself,the brothers are not related to me. The purpose of the partnership was to film and produce a local dvd, we set up a website to promote the dvd and posted progress as we filmed. the filming had been basiclly done and went into post-production in november 2004. The brothers and myself had a dispute and in december 2004, without my knowing at the time, they filed for another dba under another name, changing one word from the previous dba. The title of the dvd is still the same and they are planning to market the dvd under the dba aquired in december.T he dba filed in august is still active Do i have any legal recourse. Any advice will be greatly appreciated.


Asked on 2/15/05, 3:37 am

2 Answers from Attorneys
Charles White Charles G. White

Re: dvd rights

Although you did not use the word "partner," I assume that is the business entity that was formed. From the facts you have given, it appears that you will have an action for breach of fiduciary by two partners against the you, along with other possible actions. In my experience this is one area where juries love to award punitive damages.

Charles G. White

http://www.cwhitelaw.com

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Answered on 2/15/05, 7:13 am
Peter Bradie Bradie, Bradie & Bradie

Re: dvd rights

Charles White hit it right on the nose. The only issue will be the damages and that will be the prorata portion of net profits.

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Answered on 2/15/05, 10:33 am


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