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TJ, Esq.
TJ, Esq., Attorney
Category: Business Law
Satisfied Customers: 12139
Experience:  JD, MBA
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Hi, We have had a situation where a company used our name

Resolved Question:

Hi,
We have had a situation where a company used our name (company name) in their advertisements. This has caused confusion and grief for many of their potential users, and we have had to handle customer service for them due to this issue.

The company has agreed to restitution. However one of the items we would like to ask for is that they pay for any litigation, Attorney General investigations or any other government fines. (Which may occur due to some people contacting their AG offices and giving them our company name).

We do not want to have to pay for their mistakes and bad business practices. We want them to provide/pay all legal defenses for us if our name is XXXXX XXXXX any litigation (etc.) I think their is a term which means they will pay for attorneys and defense on demand and not after we pay for it.

I would like to know how to write my request for this. Should be like 1 sentence... We are requesting that you ........
Submitted: 6 years ago.
Category: Business Law
Expert:  TJ, Esq. replied 6 years ago.

Hello and thank you for allowing me the opportunity to assist you.

I believe the term you’re looking for is “indemnification.” The verbiage could be something like: Company A agrees to indemnify, on demand, Company B for any and all reasonably necessary costs associated with defending itself due to legal claims related to Company A’s unauthorized use of Company B’s name in its advertisements.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 6 years ago.
We had idemnify writting down already... I was looking for a word that legally makes them pay for our defense so we don't have to lay out any money defending....

I know there is a legal term I just can't remember it.

If you know the term that will be great. The answer was acceptable, just want to make sure that I'm covered.
Expert:  TJ, Esq. replied 6 years ago.
I'm not sure what word you're searching for, but nothing you and the other company agree to will force it to pay for your legal defense without taking it to court first if it doesn't want to, and thus, there is always the chance you'll have to pay for your own defense first and then seek reimbursement.

In other words, if you find yourself being sued by somebody due to the company's misuse of your name, and you did get the company to sign the agreement which includes the word you're searching for, the company can still refuse to pay for your defense. If that happens, then you'll have no choice but to sue it and ask a judge to enforce the agreement. In the meantime, you'll need to pay for defending the lawsuit that started the whole thing, and thus, you'll be seeking indemnification.

So, the botXXXXX XXXXXne is that the agreement will either be honored voluntarily (which likely means your defense will be paid for immediately), or it won't be honored voluntarily, and you'll have to sue to enforce it (which likely means you'll need to pay for your defense out of pocket, and seek indemnification). There is no scenario where the company refuses to voluntarily honor the agreement, and a lawsuit to enforce it is not necessary.

Does that make sense?

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

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