What are my legal actions if the buyers are still operating under my company name? 5 Answers as of March 18, 2014

In September of 2013, my father sold his limousine business to another company. The sale (prepared by a lawyer) clearly states, sale of 3 vehicles, telephone numbers and clients affiliated with the business. We did not sell the company itself. I wanted to run a company in another town away from the new buyers. Just last week, I have noticed that the buyers are still operating under now my company's name. They printed business cards, answer the phones as "- limousine service" and even receiving and depositing checks which clearly states my company's name and my father's name. My father is out of the country for the past 4 months. I wanted to learn what can I do about it? I thought it was illegal to deposit the check. I took few pictures of the checks that came in the mail (it came to my mailbox).

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Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Sorry this is not an intellectual property question - it is a contract or business law issue.
Answer Applies to: Oregon
Replied: 3/18/2014
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
You can file a law suit to recover for any damages and to recover the rights to use your name. We recommend that you review the case with the attorney that prepared the sales agreement.
Answer Applies to: California
Replied: 3/17/2014
Sebby Law Office
Sebby Law Office | Jayne Sebby
You state that your father sold his business, including the client list, and left the country. Unless you were part-owner of the company, you have no claim to any part of your father's company, including the business's name. There's nothing to prevent you from starting up your own business (unless you were included in a non-compete clause as part of the sale agreement) in another community and under another name.
Answer Applies to: Nebraska
Replied: 3/17/2014
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
You, or preferably an attorney, should look at the terms of the sale contract to see specifically if any intellectual property of the company, such as trade name/trademark, was also sold to the buyer.
Answer Applies to: California
Replied: 3/17/2014
Banner & Witcoff, Ltd. | Ernie Linek
Go back to the lawyer who did the bill of sale. It should have specified that the business name was NOT included in the sale of the assets. It would appear that the buyers thought they were buying the business name as part of the assets. Check your state records (corporations division) to see who the name of the business belongs to at this time. If the origin business name is still in your father's name - you can ask the new business to stop using that name.
Answer Applies to: Massachusetts
Replied: 3/17/2014
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