What can I do if a former employee opened restaurant 1 mile down the street from me and it telling customers that his restaurant is extention of ours?

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What can I do if a former employee opened restaurant 1 mile down the street from me and it telling customers that his restaurant is extention of ours?

He is using my exact menu, except the phone number and address. He is soliciting my customers.

Asked on June 11, 2013 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can't stop him from competing with you (unless, that is, there was a non-competition agreement; if there was, you can enforce its terms), but you can stop him from competing with you unfairly. That means you have a right to stop him from using proprietary business information of yours (like a customer list; possibly your exact menu) and you can certainly stop him from falsely claiming an association with you. Speak with an intellectual property (IP) attorney; you may be able to get a court order (injunction) stopping him from doing this and/or seek monetary compensation.


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