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Hey you lawyers (misrepresentation)

Hey you lawyers (misrepresentation)

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Originally posted by shortcircuit
Do you have clientelle who will testify they stopped doing business with you because of his actions? The burden of proof is on you. I know it is a backward way, but the "innocent until proven guilty" is the law (except against the government or the IRS).
I also got a PM from a guy who says this could fall under trademark infringement... since the company name is a registered trademark. That might be away around proving damage was done.

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Originally posted by Frank Burns
Keep it on the down-low Phlab. If they figure out what you're doing they'll can you for sure.

Jus' tryin' t' he'p

Frank
😕

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Originally posted by kirksey957
Where is No. 1 when you need him?
What kind of business is it phlabby?

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Originally posted by Phlabibit
I also got a PM from a guy who says this could fall under trademark infringement... since the company name is a registered trademark. That might be away around proving damage was done.

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Maybe, but that is dicey unless he is using your logo or letterhead or something that proves a connection.

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Originally posted by shortcircuit
Maybe, but that is dicey unless he is using your logo or letterhead or something that proves a connection.
What about a video of him at the show saying "Yes, I am XYZ co."?

The business name is a registered trademark.

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Originally posted by Phlabibit
What about a video of him at the show saying "Yes, I am XYZ co."?

The business name is a registered trademark.

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That would be fairly convincing, however, most audio and video tape is now inadmissible due to tampering possibilities. Not real sure what the judge would do there, but it would seem to give you a pretty good case.

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Originally posted by shortcircuit
That would be fairly convincing, however, most audio and video tape is now inadmissible due to tampering possibilities. Not real sure what the judge would do there, but it would seem to give you a pretty good case.
I believe as long as you have the original, they can check it out. It's a lot harder to fake media than to prove media is faked.

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Whatever you do you had better do something before he winds up suing you for something. He who sues first wins.

2 edits
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Edit: Deleting this comment as an apology to Phlab.

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Take him to Judge Judy and claim damages. Though it would be good to seek advice from a free legal advice centre. In the UK we call them citizen advice bureaus I dunno what they call them in the US.

He may also be committing a felony so you may ask Robocop from the LAPD to zap him.

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Originally posted by Phlabibit
RHP is where I come for my legal advice.

There is a guy going to business shows and saying he works for my company. What can be done about this? What are the penalties for claiming you are affiliated with a company that you have nothing to do with?

Not only is it bullcrap, he does a piss poor job to boot.

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PM me.

Also your credit card number.

We can work something out.

One or two knees?

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Originally posted by Seitse
PM me.

Also your credit card number.

We can work something out.

One or two knees?
my guess would be high knee. 😉

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Originally posted by shortcircuit
my guess would be high knee. 😉
You take the high knee, I'll take the low knee... and I'll get to Dublin before yee!

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Originally posted by Phlabibit
Is misrepresentation the proper term, or is it something else when you claim to be another company but you are not?

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misrepresentation is generally a contract law term.


If you lost business because of this individual you could bring a suit for tortious interference iwth contract (very difficult to prove.)

My specific advice is to find a real lawyer and lay out all the facts, if you are serious abouting getting a real answer.