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That is correct. It was a verbal agreement and it was also talked about in emails. To explain further: The company was called black eagle and they had a line of jiu jitsu suits called the black eagle Predator. I bought the rights to make predator suits. They sent me all of the logos and designs and also the details for the factory that made the suits. They then sold black eagle to another company. im worried that the new company will carry on making predator suits and I am also worried that If I start building up the Predator brand they might sue me at a later date.
I forgot to mention that the predator name/logo has not been trade marked or copy written
Did you buy the right to sell the Predator suits as well?
Anything in writing at all re the rights to sell the suits?
Nothing in writing but it is mentioned in email
Ok - then you do not need to worry. If he implied this in the email you can rely upon it
Of course it would be unusual to split a business and have 2 parties making suits under this name. But of course if he said you could then you can.
If the other party tries to sue you then you can counter sue the seller for breach of contract
A Judge would then fight it out between the two parties and see who is responsible.
But you wont be
But if you have it via email that should be fine
Can I clarify anything for you about this today please?
I just want to make sure 100% I will be fine. If I put the emails below can you let me know if I am OK:
me: I understand it's for the domains but I need more than that. On their own the domains ain't worth anything. I need assurances that you or the buyer of black eagle won't make anymore predator gear. It's no good me buying the domains and someone else starts making/selling predator gear. I need people to know that the predator I buy is the one and only continuation of the brand. If we was to do the deal I would need you to make a post on the black eagle page that would direct followers of the predator brand to a new predator Facebook page. Is this something you could do?
Sure I would do that. If you took the Predator side, then they would not be allowed to buy any more, and I have no wish to do this anymore! On the Black Eagle side, the person I am talking to is interested in the traditional side, not the BJJ.
I should add, I will not supply the other people with any artwork for Predator, only Black Eagle. You have my word on this.
more from them:
Ok this seems fine - they are not going to pursue the range
That seems to give a clear indication that you can go ahead.
Does that help?
It says they wont pursue it but if they did and I did could they sue me? or could I sue them?
If they did then yes you could counter sue the seller.
Does that clarify?
But does the new owner of blackeagle have any rights to sell/make predator jiu jitsu suits? and do they have the rights to stop me selling/making predator suits?
I can't say because I do not know what agreement has been come to between them.
It looks as if they had the rights but not intended on using them
But can they still have the rights even if i have bought them?
also if i was to change the logo and still call the brand predator could they sue me for having the same product name even if my logos etc are different?
If you have purchased the rights then you own them and you could sue them.
So no, they can't sue you for having the same product