Commercial Sales Infringement

In Sept 2004, a company (MGL) announced its takeover of my own company (CPS) after verbal agreement.

After 3-months no contract had been drawn up or funds released. So upon questioning I was advised amounts agreed had changed and so I pulled out of the deal and resigned from any post implied by MGL.

No contract was ever offered / signed due to non completion of original agreement.

During this period of time several sales contracts together with L/C's were received in my companys name to which we are currently fullfilling.
I heard from a client this morning that (MGL) are now trying to sell the same equipment claiming they have manufactured the equipment meant for this clients order in Oct 2005

Is this not an act of "piracy" as they are now trying to infringe the copyright of a commercial sale

Advice would be appreciated

 

[bwglaw]

In Sept 2004, a company (MGL) announced its takeover of my own company (CPS) after verbal agreement. After 3-months no contract had been drawn up or funds released. So upon questioning I was advised amounts agreed had changed and so I pulled out of the deal and resigned from any post implied by MGL. No contract was ever offered / signed due to non completion of original agreement.

I cannot comment on whether the contractual issues surrounding the 'takeover' are valid without looking into what was agreed between parties and how the agreement was reached and how it failed. However, I will comment summarily on the other points:

I heard from a client this morning that (MGL) are now trying to sell the same equipment claiming they have manufactured the equipment meant for this clients order in Oct 2005. Is this not an act of "piracy" as they are now trying to infringe the copyright of a commercial sale

There is no such thing as a copyright of a commercial sale but it does appear here that the other company, if they have not effectively taken over yours, they are passing off your equipment as their own. I am assuming that the equipment you are referring to is manufactured by your company.

If I am to give any further advice I would need further information surronding the 'takeover' to establish the facts and what legal remedy you may have. An action for passing off may seem to be the most obvious.

Jonathan