I purchased a restaurant Jan 2011. In summary to one issue, the contract
states that the previous owner "will transfer the name, all trade names, and services marks, customer lists, goodwill and other intangible property related to the business, any records whether written or electronically recorded, and personal property subject to any security of interest in favor of a third party.
Here are the issues:
1 - the previous owner had a registered domain for the restaurant but did not have a website, I have asked for the username and password, but "he does not remember it". The domain service states that the owner of the domain must call to transfer it to me... but the previous restaurant owner will not do so. The menus which came with the purchase and other documentation has the website printed on them. I want the domain name which is registered to the prev. owner until April 2013. What can I do?
2- The previous owner opened a new restaurant just a few blocks away from the one that I purchased. He has the exact same menu as the one that I purchased with the restaurant, he has only changed the name of his new restaurant. He also makes reference on his yellowpages and yelp online listing "the bigger and better ***** (***= my restaurant name, the restaurant that I purchased from him). Is all of this legal for him to do?
3- The registered Logo and Tradename which the bill of sale agreement states that I would get, was abandoned. After researching I found that he had received a noticed from the trademark dept. sept 2010 and he did not respond. He also received another notice after the sale of the restaurant to me and failed to tell me or provide the information. Now I would need to restart the application process and try to have him respond to the Trademark dept that he did sale the restaurant to me and it is no longer registered to me. He does not respond to me.. because obviously he has the same restaurant just a few blocks down the road and wants to succeed more than he would like I to. Was this legal for him to do this since he was suppose to provide the trademark with the sale?
4 - I did not get any of the digital files that he used, the menus, the original logo in vector. What can I do?