Is a former independent contractor legally allowed to use my business name in promoting their new business location?

And if the answer is yes, is there a limit to how long they can continue to advertise themselves?

Asked on September 2, 2011 under Business Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends by what you mean:

Can the independent contract truthfully say (assuming that it is true) that your business was a client of theirs or that they did certain work for you? Yes. They would have to use any intellectual property of yours (e.g. tradenames, trademarks or service marks, etc.) properly (such by using the "TM" or "R in a circle" as appropriate), but they may list you as a client and what they did for you so long as there had been no agreement between you and them to the contrary.

They may *not* claim or even imply any relationship that does not exist, such as an ongoing relationship if there is.


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