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Anne_C
Anne_C, Attorney
Category: Business Law
Satisfied Customers: 2302
Experience:  Business litigator, 15 years' experience
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We were in a legal battle between a corp in TX who has a contract

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We were in a legal battle between a corp in TX who has a contract with someone in CA who sued us for "copying" their product. They did this only because the corp in TX was a guy bought out by us, so the contractor in CA decided to stick with him. We made our own new product using a third party, but they still sued us claiming copyright. We agreed to stop carrying the new product because it was costing us $ and not them (the contractor traded for flight lessons to their attorney) The case is still sitting I think, but this was 6+ months ago. The contractor has used message boards to say: "2009 Aviation Goals...Get [our corp name] to stop publishing my books, especially as the poor quality knock-offs they made....Done. Geeze, what a waste of time and money, getting someone to do what they agreed to do, in writing!"
" and "The [our corp name] Avionics Checklists are no more, that agreement has been terminated effective Sept 1st. [competitor name] will have the new checklists with more information to be released within the next week."
Is any of this libel/slander?
Submitted: 4 years ago.
Category: Business Law
Expert:  Anne_C replied 4 years ago.

Dear xxx:

 

I responded to your previous post. If I understood the situation, there was a lawsuit filed in California. I may have access to the status of that case. Do you know the county it was filed in, and the case number?



Edited by Rebecca_Admin on 5/2/2010 at 2:52 AM EST
Customer: replied 4 years ago.

Hello,

 

Sorry I took so long, I got side tracked..

 

I will hit accept for payment once we finish, but here is the case info for you.

 

Superior Court CA

LA County

LC 084756

 

 

One other thing. The ex-partner started a web building company and uses screen shots of out website as example he made. the problem is he has a competing company now, and it confuses people who we are (he already told our resellers we went under and have a new name, but that is a seperate claim). He did not do some of the work in the screen shot, and does not have our permission, plus he was paid, resigned, and this is profitting off our company using our company after he got bought out. Is this a decent lawsuit alone?

 

anyway, I look forward to your response regarding the lawsuit his new partner filed on us (which was absurd, that person set us up and left us for him when he got bought out)

 

I always pay on here for those who help answer questions, so the more you help....well you know how it goes from there... thank you!

 

 

Expert:  Anne_C replied 4 years ago.

Status of the Case

 

The case that you gave me, D******** v. S******** Aviation was dismissed without prejudice at the request of the Plaintiff on March 20, 2009. The Plaintiff filed a TRO after the dismissal (procedurally, that doesn't make sense) but it was never heard.

 

This is all that happened in that case:

 

DOES 1 TO 10 - Defendant

D******* B******** - Plaintiff

R*** R***** M. - Attorney-Plaintiff

S***** R**** PRESS LLC - Plaintiff

S******* AVIATION INC. - Defendant


 

Documents Filed (Filing dates listed in descending order)

 

06/02/2009 Ex-Parte Application (TRO )
Filed by Attorney-Plaintiff

 

03/30/2009 Notice-Entry-Dismissal
Filed by Attorney-Plaintiff

 

03/20/2009 Request-Dismissal (Without Prejudice Entire Action )
Filed by Attorney-Plaintiff

 

03/16/2009 Notice-Incoming Case Transfer
Filed by Clerk

 

11/04/2008 Summons-Issued
Filed by Attorney-Plaintiff

 

11/04/2008 Complaint

 

11/04/2008 Notice-Case Management Conference


 

Proceedings Held (Proceeding dates listed in descending order)

 

08/13/2009 at 08:31 am in Department NWD, MICHAEL A. LATIN, Presiding
Motion-Ex Parte (plaintiff's ex parte application for temporary restraining order and for issuance of OSC re preliminary and permanent injunction to enforce settlement agreement per CCP 664.6) - Not held-No appearances

 

06/02/2009 at 08:30 am in Department NWD, MICHAEL A. LATIN, Presiding
Motion-Ex Parte - Continued

 

(Q1) The [our corp name] Avionics Checklists are no more, that agreement has been terminated effective Sept 1st. [competitor name] will have the new checklists with more information to be released within the next week." Is any of this libel/slander?

 

- Yes, its defamation. Because it's in writing, it's liable

- It's also interference with prospective business advantage

- It's also false advertising

- It may violate Business & Professions Code §17200 in California

 

(Q2) The ex-partner started a web building company and uses screen shots of out website as example he made. the problem is he has a competing company now, and it confuses people who we are (he already told our resellers we went under and have a new name, but that is a separate claim). He did not do some of the work in the screen shot, and does not have our permission, plus he was paid, resigned, and this is profiting off our company using our company after he got bought out. Is this a decent lawsuit alone?

 

- It's also interference with prospective business advantage

- It's also false advertising

- It's copyright infringement

 

Whether or not you can sue him for this depends on what the buyout agreement says.

Anne_C, Attorney
Category: Business Law
Satisfied Customers: 2302
Experience: Business litigator, 15 years' experience
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