What are my rights if I own a bakery but recently found out that the previous owner is still selling the bakery products?

UPDATED: Dec 27, 2013

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What are my rights if I own a bakery but recently found out that the previous owner is still selling the bakery products?

It states in the contract that the recipes and all products were sold and included in the price I paid for the bakery. They are still using the marketing the cakes as if they still own the bakery. Do I have a legitimate lawsuit?

Asked on December 27, 2013 under Business Law, Ohio


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

Did the contract include a covenant not to compete?  If not, it is very easy to slightly alter a recipe so as to comply with the literal terms and not violate.  Secondly, you would still have to prove monetary damges.  Can you do so?

I advise that you seek an opinion from a business las attorney locally who can review the sale contract and give you a correct intrepretation for your juristiction.

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