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Breached Agreement (intellectual property)

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  • Breached Agreement (intellectual property)


    We are currently having to sue our partner and just need some help on angles to win.

    We sold out to our partner a couple years ago, we were on a ten year plan for him to pay us for the business; we were paid for 20 months. He then filed a personal BK and bankrupted what he owed us so we went back & got the business back. (During which time, he tried to convert to a Ch 13 but the Judge over ruled) We got the business back in November. In the agreement he agreed not to keep a copy of our database. Not electronic or paper, the agreement also stated that he could compete but he would have to do it by memory, which included; knocking doors. Since December, we have found that he has sent mass mailers to our customers as well calling by telephone.

    In the agreement we named a former employee specifically that we felt was trying to feed our former partner business, because he mysteriously quit and "started his own business" as well, only is using our business routes; what we consider intellectual property. This former employee has gone into our customers homes for deliveries and has subsequently put stickers on our equipment for our FORMER "owner. (The one who signed the contract to not keep a copy of the database.)

    Right now we show a solid link between the two and plan to pursue legally. We are hoping for an injunction.

    We have had our customers mail us a copy of the letters sent to them over the past few months as well as show over $5000 in damages thus far.

  • #2
    re: Breached Agreement (intellectual property)

    [Since December, we have found that he has sent mass mailers to our customers as well calling by telephone.]

    That alone should be enough to enjoin him...that is not allowed legally.


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