In September 2005, we send a "Cease and Decease" letter to what was then a distributor of our product line. Misrepresentation of our brand and customer service complaints were cited in our letter.
Several weeks ago the same former distributor www.mindmachines.com is placing press releases and blogs all over the Internet announcing they are discontinuing our products.
Products we ceased to sell to them in 2005. Do we have legal grounds to stop them?
Is this Cyber crime? It's hurting sales for everyone. Both companies are in California. We have been in business for 31 years, 18 of those years spent on branding the www.photosonix.com product line. We design and manufacture the high quality product line here in the US (not an easy task) and sell all over the world not just in the US. Help!
You should consult an attorney experienced in "unfair competition" law who is experienced in obtaining injunctive relief as well as monetary damages. In the future it would not be necessary to use identifying information such as domain addresses.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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