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


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.

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