can small claims resolve my situation?

[parang]

new york -- after the dissolution of my partnership, my business partner and i agreed in writing that we needed to resolve who would own the name of the company. we verbally agreed to decide by a set date. by the time of that said date, she informed me that she took the name, added another word to it and incorporated. she said that since i did not trademark the name, she could take it. is she right and do i have any legal recourse,especially since we have a signed agreement that we needed to decide on ownership?

[Edited by parang on 03-23-2001 at 11:36 PM]

 

[I AM ALWAYS LIABLE]

My response:

You did agree to give her the name. Don't you remember that telephone conversation last week ?

Since the name wasn't "Trademarked", she had every right to claim it; especially since she added a word. It's hers.

IAAL

 

[parang]

reply to i am always liable

thank you for your response. however, isn't it on me to prove that i didn't agree to her taking the name? yes, i know that i erred by not trademarking the name, but we still had a signed partnership agreement which stated that failure to comply with our agreement would result in legal action. Additionally, I also have a copy of a subsequent formal notification letter that stated 1)my disapproval of her taking the name without my consent, with an ultimatum of compensation/request to cease using the name or legal action and 2) resolution of other outstanding items per the initial agreement
she refuses to comply, hence my next step. does this make a difference?

[Edited by parang on 03-24-2001 at 02:22 PM]

 

[I AM ALWAYS LIABLE]

Re: reply to i am always liable

does your position still stand even if i have a follow-up formal notification to her stating 1)my disapproval of her taking the name without my consent, with an ultimatum of compensation or legal action and 2) resolution of other outstanding items per the initial agreement?

My response:

Yes. Now, I don't know about your other "outstanding items", but insofar as the name is concerned, nothing changes. She added a word. Also, she was "first in line" to register the name. It's hers.

IAAL

 

[parang]

I'm not sure what you mean by register, but I the name "registered" with the city as a DBA and had a tax id number for it originally.

 

[I AM ALWAYS LIABLE]

I'm not sure what you mean by register, but I the name "registered" with the city as a DBA and had a tax id number for it originally.

My response:

Okay, she "registered" the name as her "Trademark" with the United States Federal Government. She also added a word to the name for her Trademark.

Your DBA (Doing Business As) with the City is meaningless as far as she, and the law, are concerned.

See an "Intellectual Law" attorney if you still have questions or don't understand these concepts.

IAAL