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I have a non-profit called Cancer Research Wellness

I have a non-profit...

I have a non-profit called Cancer Research Wellness Institute. About 40 years ago, my mother, Charlotte Gerson [Straus] founded "The Gerson Institute," a non-profit based in San Diego. One of her ex-employees left and founded his own non-profit, using what he learned from her, calling it "The Gerson Research Organization," or GRO. Mother retired well over 10 years ago from the Gerson Institute, and they have since become somewhat inimical to me. I should like to add a DBA to my non-profit, calling it "The Gerson Foundation," and would like to know the ramifications of such a move. The Institute has the trademark "Gerson" and "Gerson Therapy" in the US, the EU and some other countries, but a business partner of mine and I have the trademarks in mainland China. Yes, it's messy, but it is my family, and I am being excluded from doing the job that I need to do, which is furthering the Gerson Therapy (my grandfather's brilliant work) all over the world. I need some clarity.

Lawyer's Assistant: Can you tell me where the nonprofit is registered?

Cancer Research Wellness Institute is registered in AZ, the Gerson Institute is registered in CA. I imagine, but don't know, where the GRO is registered

Lawyer's Assistant: Has anything been officially filed? If so, what?

Not yet. CRWI has been a 501(c)3 corporation for over a decade, and receives support from the government personnel office via its CFC annual campaign. No further action has been taken. The paperwork for the mainland China company and trademarks has been done.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don't think so.

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Answered in 6 hours by:
3/7/2018
WiseOwl58
WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 4,415
Experience: Senior Associate at White & Case LLP
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You need a good intellectual property litigator, because based on what you have told me, you have the right to get an injunction against the GRO against using your family name like that. You can also get an injunction and sue them for damages by infringement of the confidential information this person took from your mother's organization. That was your proprietary information and they have no right to use it without a consent or license from you. You will win big damages from these folks for sure and get restoration of your rights.

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Good luck to you. I wish you all the best.

WiseOwl58
WiseOwl58, Attorney
Category: Business Law
Satisfied Customers: 4,415
Experience: Senior Associate at White & Case LLP
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