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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi, i have recently bought the rights to a line of martial

Resolved Question:

hi,
i have recently bought the rights to a line of martial arts suits owned by a martial arts company. the previous owner sold them to me and sold the rest of his business to someone else. it was just a verbal agreement and i have emails regarding the sale.
i am worried that the new owner of the business might continue to make the line of gis with the name that was sold to me instead of using a new name for their line of suits.
there is no trade mark or copyright.
if i started making and selling them as a new stand alone brand could the other company sue me in anyway?
thanks for your time
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : You bought the right to use the name, is that right?
Customer:

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.

Customer:

I forgot to mention that the predator name/logo has not been trade marked or copy written

Alex Watts :

Did you buy the right to sell the Predator suits as well?

Customer: Yes but it was a verbal agreement with the original owner
Alex Watts :

Anything in writing at all re the rights to sell the suits?

Customer:

Nothing in writing but it is mentioned in email

Alex Watts :

Ok - then you do not need to worry. If he implied this in the email you can rely upon it

Alex Watts :

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.

Alex Watts :

If the other party tries to sue you then you can counter sue the seller for breach of contract

Alex Watts :

A Judge would then fight it out between the two parties and see who is responsible.

Alex Watts :

But you wont be

Alex Watts :

But if you have it via email that should be fine

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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:

Customer:

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?

Customer:

them:




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.



Customer:

more from them:


I spoke to them on the phone tonight. They are not going to pursue the Predator range, which was my strong recommendation, so, on that basis, no, they won't.

I am not going over this any more Kev, as far as I and they are concerned, you can do what you like with the Predator brand.
Customer:

more them:


Inhave given you my word, neither I nor the new owners of ablavk Eagle are interested in Predator, that is a promise.

All I am saying is that there are no 'rights' that exist legally. So, I cannot 'sell' the rights, just the domains and the stuff provided. I have posted the link, and I have spoken to the new owners who are, as I mentioned, only interested in deleloping Black Eagle branded goods.

Really, you are worrying over something that you really don't have to worry about.

I am no longer involved in the martial arts industry, had enough and moving on.
Alex Watts :

Ok this seems fine - they are not going to pursue the range

Alex Watts :

That seems to give a clear indication that you can go ahead.

Alex Watts :

Does that help?

Customer:

It says they wont pursue it but if they did and I did could they sue me? or could I sue them?

Alex Watts :

If they did then yes you could counter sue the seller.

Alex Watts :

Does that clarify?

Customer:

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?

Alex Watts :

I can't say because I do not know what agreement has been come to between them.

Alex Watts :

It looks as if they had the rights but not intended on using them

Customer:

But can they still have the rights even if i have bought them?

Customer:

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?

Alex Watts :

If you have purchased the rights then you own them and you could sue them.

Alex Watts :

So no, they can't sue you for having the same product

Alex Watts :

Does that help?

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