What are my legal rights to ask a company I co-own to cease and desist printing my designs until we reach an agreement?

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What are my legal rights to ask a company I co-own to cease and desist printing my designs until we reach an agreement?

I’m interested in researching what my legal rights are to ask a clothing company that I co-own to cease and desist printing my designs until we reach an agreement. But we don’t have a formal agreement. We have LLC and other historical agreements but nothing current.

Asked on October 1, 2010 under Business Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When you say that you have no "formal agreement" do you mean that you have no agreement as to who has ownership of the designs?  And what d you mean by an "historical agreement?" Here is my concern: does the LLC own the designs or did you lease them to them and retain ownership?  Because if they own them then you have no basis for a cease and desist order.  And if the cease and desist order would cause the business to stop producing then a judge may not sign such an order.  I would bring all your agreements to an attorney to review and to see what he or she thinks about where you might stand.  Good luck.


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