You can sue your brother for violation of your common law trademark and copyright rights if you can prove he is using your name. If he refuses to pay you for the use, then the final recourse is suing and proving you used the name in commerce before him and that the name is XXXXX XXXXX currently registered business and as such he is infringing on your rights. Even if it was copyrighted after your use, if you can show first use, you can defeat his copyright, but it is going to take an attorney and you may only get limited use of the name in a limited geographic area since you did not copyright or trademark the name legally and only had a common law copyright/trademark on the name by using it first in commerce and developing goodwill
and reputation with the name.
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