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Category: Legal
Satisfied Customers: 53569
Experience:  Licensed attorney helping individuals and businesses
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in 2004 I bought a staffing company in florida. Now the company

Customer Question

in 2004 I bought a staffing company in florida. Now the company is selling franchises for the same type of company . They are trying to now sell a franchise in the same market that I own - They are pressuring me to change my name so the new company can use my name - I've been in this market since 1999 under this name. Can they do this and Do I have to change?
Submitted: 4 years ago.
Category: Legal
Expert:  INFOLAWYER replied 4 years ago.
Hello and thank you for the question. I am sorry to read of this dilemma. I see no reason you should change your name and no requirement to do so. If they need this accomodation, you can negotiate to do so but should be duly compensated for the resulting costs and business expenses. As name recognition carries value, you should measure if its worth it for you.

I hope this has given you the information you were seeking and lead you in the right track. I wish you the best of luck!


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Customer: replied 4 years ago.
when i bought the company it was for offices in a few cities in florida. They still had other offices. my purchase agreement was an assets purchase without limitation. my question is then we both own the rights to the same name but I can use it in other cities but because they sold me these cities they have no rights to these markets any longer
Expert:  INFOLAWYER replied 4 years ago.
That is correct. What they are asking here should have been negotiated and factored into the agreement earlier. To do so now requires new negotiation and new consideration.
Customer: replied 4 years ago.
I know.. But so I understand we both have the rights to the same name so technically I could open a new location in a city they are currently in under the same name because I have no limitations. (I'm thinking about the negotiation going further I could use this a leverage)
Expert:  INFOLAWYER replied 4 years ago.
If this was not bargained away or negotiated, I do not see a bar on you both doing so. Practically you should come to terms on it if both using it could create confusion or business interruption.
Customer: replied 4 years ago.
For locations that they have sold franchises in I could open a location in that same city if I so choose. They Last thursday they filed a new fictitous name in one of my locations what can I do to stop them?
Expert:  INFOLAWYER replied 4 years ago.
You can pursue it through legal action seeking an injunction. If they wanted to stop you from doing so it should have been agreed to earlier in writing.

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