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ANDREA,'s Avatar
  • Answered by:ANDREA,
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Please disregard question. I am calling a law office for legal advice.

 

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Country relating to Question: United States
State (if USA): New Jersey

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Submitted: 285 days and 1 hours ago.
Category: Legal
Value: $79
Status: CLOSED
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Expert:  ANDREA, replied285 days and 1 hours ago.

Hi, Welcome to JustAnswer, Thank you for your question,

My name isXXXXX am a Licensed, Practicing Attorney, and would be glad to help


I am sorry to hear someone is using your family's name and reputation to deceive the public into thinking you are affiliated and in the process capitalize on your good name, but mar your reputation with their knockoffs.


A cause of action exists and a lawsuit should be filed any time a business, an entity, or other party seeks to benefit financially, or actually benefits financially by misrepresenting, or misleading the public into believing that they are affiliated with a company which is well estblished in the field and has built a reputation over the years.



This other company is not only benefiting financially by riding on your family's "coat tails", but they are ruining your reputation in the process by manufacturing, or producing cheap imitations and misleading the public into thinking that they are not only affiliated with you, but also passing off their products as those bearing your family's name.


You would probably have a good chance of winning if you can show the superficial similarity, and also by looking a little further, showing the inferior quality of the other company's product. You could easily show the reputation of your family's name and how it grew over the years and how this other company was taking advantage of all the revenues your family spent over the years building up its image, its reputation, and overall presence in the public eye.

You would initially request the Court for a Temporary Restraining Order until the case could be litigated at which time you would seek a Permanent Injunction against them. In addition, you would request the the Judge Order all of the company's inventory of inferior products emulating yours, be destroyed to minimize further damage to your reputation. Lastly, you would ask for an Accounting, and ask the Judge to Order the other company to turn over all money it derived from the sale of their inferior product to the public through misleading advertising and misrepresentations.



Please be kind enough to rate my service to you as "Excellent",


If you rate me at anything less than 3 stars, it will appear as a negative rating against my name,


If you need clarification, please let me know by pressing the "Reply" button,


Thank you for allowing me to be of service,



ANDREA

 
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