What can I do if a company that I use to work for was sold and the new company is using my name on its customer testimonials without my permission?

The new company operates under a different name.

Asked on August 12, 2014 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the new company bought the business structure (i.e. the corporation or limited liability company) of the old company, then regardless of name change, they essentially (i.e. legally) *are* the old company. They can use your testimonials and names.

Even if the new company only bought the assets of the old company, if they bought the rights to any marketing or advertising materials, they can use your name and testimonials *unless* you had some written contract or agreement with the old company saying that they could not transfer the right to use your name and testimonials without your permission.

It is therefore likely, but definite, that they can do this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.