Someone else using my business name.

[Jonathan Daniel Leonard]

Jurisdiction

Wisconsin

I started a restaurant business 6 years ago, and helped open another restaurant under the same name in another city. Since then I sold that location to another person and they have driven the service and product into the ground. Since I trademarked and own the naming rights, I am considering getting a lawyer to force them to change the name. The owner I sold to said he would change the name for $10,000, but I feel that is far too much. What would be an estimate as to how much this should cost? Thank you for any help.

 

[Tax Counsel]

What would be an estimate as to how much this should cost?

It's what the two of you can agree upon. Since you evidently sold the location to the guy with the right to use the name you are stuck with what you can negotiate unless your contract with the other person gives you a right to terminate his use of the name and specifies the conditions, including the price, for doing that.

 

[Zigner]

I started a restaurant business 6 years ago, and helped open another restaurant under the same name in another city. Since then I sold that location to another person and they have driven the service and product into the ground. Since I trademarked and own the naming rights, I am considering getting a lawyer to force them to change the name. The owner I sold to said he would change the name for $10,000, but I feel that is far too much. What would be an estimate as to how much this should cost? Thank you for any help.

Frankly, $10k sounds like a bargain compared to what an attorney would cost to handle this matter with no guarantee of success.

 

[zddoodah]

Since I own the naming rights, I am considering getting a lawyer to force them to change the name. The owner I sold to said he would change the name for $10,000, but I feel that is far too much. What would be an estimate as to how much this should cost?

I'm not sure what "this" refers to. Moreover, since no one here is privy to the written agreement that was hopefully signed when you sold the second location, there is no way for anyone here to give you any sort of estimate of anything. That being said, if you had to litigate this, I think there's a pretty good chance that it would cost more than $10k (although you might be able to recover fees from the other party if you win). The only way to get a reliable estimate is to take the relevant documents to a local business attorney (you likely want one with experience in trademark matters).

The alternative, of course, is to counter the $10k offer with a number that you find more palatable.

 

[army judge]

The owner I sold to said he would change the name for $10,000, but I feel that is far too much.

If $10K is too much for you to pay, make a counter-offer.

Once the price has been agreed to by BOTH parties, have a lawyer draft the contract.

In the long run, if the other person keeps damaging your brand, you ONLY hurt yourself.

You should try every option until you and the other party come to an agreement.