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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118286
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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To give you background I was asked by my former employer if

Customer Question

To give you background I was asked by my former employer if I was interested in taking over one of his products after he had retired and moved out of the country. All of our correspondence was via email where he told me that his wife was in town and I should pick up the computer and manufacturing equipment from her. I would be able to get the recipes from someone we both knew. When he moved out of the country he washed his hands of the business and was happy that I was willing to service his existing customer. I tried at the beginning to get a legal contract but he didn't care and stopped answering all emails. Since I realized that I wasn't going to get a formal contract I have since changed the formula, packaging and product name. I never used his company name and set up my own corporation. Here is where the problem comes in, I am applying for loan. The lawyer for the organization said that he changes I have mde are enought of a difference if this is the case why do I need anything el
Submitted: 8 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 8 years ago.
The only thing you should do if you made significant changes in the product is obtain your own patent on it to protect yourself. The emails you have from him would be used to prove the existence of any agreement between you and him and the granting of the rights to the product to you.

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Customer: replied 8 years ago.
What if I don't want or feel I need a patent. Isn't it enough that I have made these changes to justify that it is a different product?
Expert:  Law Educator, Esq. replied 8 years ago.
You do not need a patent if you do not want one, it is for your protection. The fact that you changed it makes it your product.
Customer: replied 8 years ago.
Is there or could there be any legal issues with the fact that I have his customer list which he told me to pick up. Is this enough grounds for them to demand a formal contract from my former boss?
Expert:  Law Educator, Esq. replied 8 years ago.
No issue as long as you have the emails showing where he gave you everything and permission to use them. BotXXXXX XXXXXne is if you cannot contact him to get a formal contract, you still have a verbal contract supported by the emails.
Law Educator, Esq. and other Business Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you for your help.
Expert:  Law Educator, Esq. replied 8 years ago.
Thank you.