Q: A former business partner continue to use our (then potential) business name; who has first rights to the name?
I attempted I start a business with a partner, of which i supplied him with industry contacts. He then began purchasing unrelated products as the business (which was not yet incorporated or otherwise established). I decided to end the potential business opportunity with the partner. Years later I have established myself using the same business name, which incorporates my last name; but I have recently found out my former partner has also continued to use the same name in the manner for which I chose to end our attempted endeavour . Do I have first rights to the business name? And do I need to order a cease and desist against him. He never completed any incorporating paper work for the 'brand' name with my last name.
A: You really need to consult with an attorney about this. Did you incorporate? If so, you may need to file suit against him. You might be able to anyway, but we cannot answer on only the facts given.
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