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Question

I own a small clothing line and outsource my sewing to a workroom who sews the garments. I supply them with all fabric and materials as well as patterns. They have signed a general non disclosure contract. I have found out that they are sewing and selling my garments using our patterns and fabrics on the black market and collecting the monies. What rights do I have? Can I sue? How do I go about entering their shop and collecting my materials and goods? I am in Georgia and the workroom is in Alabama.

Submitted: 255 days and 20 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Alabama

Already Tried:
We know that this workroom is making clothing ( with our patterns) and fabrics and selling them with our name label in them. We know that she is marking them in this town for much cheaper than we are charging. We are also in full production with her for our line now and she IS sewing for us. This is very difficult as to how to proceed as we know she has also stolen and or "kept" thousands of yards of fabric over the past few years and has used that to sew and sell off as well. We do have a non disclosure with her. We also have a list of people that are willing to sign any documents and or speak out about this as people are appauled knowing what she is doing. Many have purchased from her thinking that she is selling on our companie's behalf. This is a small town in Alabama. We have considered going to her shop with a UHAUL to collect our belongings but don't know what legal rights we have for that. Would we need a sherrif? If so what documentation do we need to prove that this is ours and get it back? Thanks so much PS I am in Georgia and she is in Alabama

Accepted Answer

Good morning,

I am sorry to hear of your dilemma.

The first thing that you need to do, if your relationship with the shop has not yet disintegrated--if they don't know that you know what they are doing--you might try a ruse to get your things back before you actually file suit. You might tell them that you are changing the fabrics, etc and you are ordering new and you need the old fabric and materials for a trade in. If they suspect nothing then they might voluntarily give you the property back. Absent something like that, you will have to go through the courts.

Then you will need to file for injunctive relief in the county in Alabama where the shop is illegally manufacturing/selling your clothing line. Ask the court to enjoin the shop from producing and/or selling your clothing line. You can also ask the court to order the shop to return your property. You will not be able to enter the shop and take back your things without a court order.

You should also contact the police and file a criminal charge of embezzlement against the shop owners. If they are converting your materials to clothing and selling it as opposed to returning it to you they are committing a criminal violation.

Finally you need to sue them for breach of contract and collect the damages that they have occasioned to your business by the breach.

I wish you well in obtaining the justice you deserve.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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Expert: LawTalk
Pos. Feedback: 99.1 %
Accepts: 
Answered: 3/12/2009

Attorney

I am a practicing attorney with more than 25 years of experience in the legal field.

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