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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116727
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Paul - Situation: I finally closed down that freaky

Customer Question

Hello Paul - Situation: I finally closed down that freaky occult business that I took over from my parents. My intent to shut down the old one and new one worked and I am glad about that. However, the manager that I had hired was found to have misappropriated
funds. I had and still hold a valid UCC Lien on my parents closed down business which included Intellectual Property, Web Sites, etc. The other listed assets I was able to confiscate. I had opened a new business down the street to compete and then close down
their business. Sounds nasty but in reality, the parents walked on everyone and cheated anyone they could. When I opened the new business in 2013, my intent was to keep it for one year and then to shut it down. I did that just to provide employees continued
jobs so they would have time to seek employment elsewhere. Anyway, the manager I had fired works in the same location now with the existing landlord owning the business. The parents business has a name that the new owner in cahoots with the manager I fired,
is using the similar name of my parents business but while the name is ***** ***** is not exact. However, I discovered last night that the manager and new owner re-assigned the web address ( from my parents business (which again I still own)
along with my subsequent company (which I closed yet still own the name, etc.) and changed our phone numbers so that they are referred to their new company. In other words, they took our old phone numbers so that if you for instance searched for my old number,
it would go straight to their website. This not only seems illegal but criminal. I own the rights to the name, etc. Could use your input. I know this is confusing but feel free to ask me any question so that I may clarify. Basically, they stole the 2 companies
web data and now reviews going back 6 years (they just opened months ago) make it look like my parents company (again which I own the lien on) and my company (which I still own the rights to) so it looks like they have been in business for years. My parents
company was 100 years old. Thanks for your input.
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If their name is ***** ***** they are playing off of the good will that your parent's company had and you still own those names, they are violating your business trademark rights. The company name has developed at least a common law trademark over their name, so this new person is stealing their trademark and good will associated with it. Thus, you start by sending her a cease and desist letter informing them they are infringing on the trademark rights of your business which are owned by you and also have stolen your web and phone numbers and if they refuse to stop and return them then you will take legal action to obtain an injunction against them and damages.