Business Contracts Operating illegally under my Business NAme

[questions4u]

I recently found out that an old employee is operating his own business under my business name. I am in Landscaping and he had stole my clients from me. I spoke with several of the clients and they tell me he is still operating under my name and I would like to know what exactly I need to bring him to court and what would I be charging him with?

 

[army judge]

You can't charge him with anything. In fact, I don't think he's broken any criminal laws. If he were to be charged, a prosecutor brings those charges. But, you still don't get your remedy from that, satisfaction maybe, compensation never.

If your name is unique enough, trademarked or copyrighted, there could be an expensive, exhaustive lawsuit ahead. But, what will that get you? Nothing, because a small claims court can't order injunctive relief. That is, tell Green Thumb to stop using your "DBA"; 'GODS OF THE EMERALD GREEN'.

If its injunctive relief you seek, assuming that's possible, off to a trial court you go. In Texas, for example, that's District Court. But, that's a costly adventure, with a very low, and slow payback.

You could possibly sue him for "tortious interference with your business"? I suggest you visit with a couple local lawyers. You can discuss the basics of your problem, and et them advise you of any specific remedies, as well as the costs for them to represent you.

Here's the clincher, unfortunately there isn't a specific remedy for every wrong or transgression. And, when there is INE or two, they're often too costly to pursue.

Most lawyers will write and mail a lawyer letter for about $100 to $200. In this case, it might be a cease and deist letter, r my client, Yosemite Sam will seek any and all appropriate legal remedies.

Yeah, life sucks, it sucks a lot!!!!