What can be done if someone is using my marketing materials and replaced my contact info with their own?
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What can be done if someone is using my marketing materials and replaced my contact info with their own?
I have owned a tutoring company for 20 years. Most of my business comes from referrals but when things get slow I put up flyers at the local colleges. I recently discovered that another tutor has copied my flyer and handwritten his own contact info. My flyers have a very distinctive look. I am definitely
losing business because people think they are contacting me. Not only that, it damages my brand the way he has handwritten and cheapened the way the flyer looks. In addition, he is completely disrespectful to the other flyer posters and just puts
Asked on August 26, 2017 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can sue him for--
1) Breach of copyright: any printed materials you created are copyright you (or your business, if the business is an LLC or corporation) and no one may use, modify, reproduce, etc. them without your consent;
2) Breach of trademark, if he is using any name, image, slogan, etc. you have trademarked;
3) Unfair competition, if he is creating the impression that he is connected to you when he is not;
4) Tortious (or wrongful) interference with economic advantage: harming you economically through conduct which is wrongful (items 1- 3, above).
You can sue for monetary compensation and for a court order barring him from doing this.
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