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What kind of lawyer do I need. We had a companynow its out of existance and someone I know is claiming to be me??????
I had a garage door company that I closed 12-09 an ex partner to another company (also out of exist) requested my old tel # and is representing himself as me and my ex company. He is still working and advertising under the company name illegaly. He is using my same artwork with these major advertisers. The main problem is ,,,, He is not licensed ,insured or honest as I am being harassed by people because he is taking deposits and not doing the work. i am getting letters from the bbb from a few people complaining. Can I legally make him stop and remove his advertising????// Please help. I do not want to be liable w
Attorney answers (2)
You should take immediate steps to protect yourself. Do not ignore any of the letters you have received. If you have a copy of the articles of dissolution, forward it to the interested parties. I would also suggest sending a cease and desist letter to this "ex-partner." You are likely to be able to prevent him from continuing to use your old artwork and other intellectual property that you have an ownership interest in.
I would suggest speaking with an attorney who practices business law. If you used an attorney to set-up/dissolve your corp., that might be a good place to start. DISCLAIMER: The above is NOT legal advice. I am NOT your attorney.
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Reputation Level 9
Answered about 2 years ago.
Intellectual Property Law Attorney in Philadelphia, PA.
You need a business and intellectual property attorney. Using your artwork (assuming that you own the copyrights in the artwork, a big issue which an IP attorney will need to consider) would constitute willful copyright infringement, for which the other party would be liable for up to $150,000 in statutory damages for each piece of artwork infringed. Misrepresenting himself as you could also constitute trademark or trade name infringement (if you still have vestigial rights in the name of your closed company), false advertising, violation of your right of privacy/publicity and consumer fraud. If he is misrepresenting himself as you over the Internet or telephone or through mailers, there might also be federal criminal liability for mail fraud and wire fraud. You should consult with an attorney right away and have him or her write the nastiest cease and desist letter they can. I would also report this person to the BBB and the PA Attorney-General.
The foregoing is provided for informational purposes only and does not constitute legal advice. You should consult with an attorney in person before taking definite action on this or any other legal matter. Related Questions1 Attorney answers: 
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