My brother owns a website selling shoes and clothing which he though was authentic. He has been doing this for the past 2 years and a week ago he got papers from Nike saying that he was being sued for trademark infringment...
He does business under a corporation a (s-corp) can they only sue the corporation and take all the corporate owned assets or can they sue him as an individual? If so what are the penalties usually??
2007-09-22 15:47:51 · 5 answers · asked by Fam To The... 1 in Politics & Government ➔ Law & Ethics
They can sue the corporation and list him as owner, but typically cannot touch his personal assets. If the person or company he was buying from fraudulently indicated the clothing was authentic, he can and should sue them for fraud and every dime Nike sues him for.
2007-09-22 16:09:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
In general, the owners of an S-corporation cannot be sued as individuals for the actions of the corporation. However, there is a list of exceptions, which may vary depending on the state in which the business is incorporated.
2007-09-22 23:10:58 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Quite frankly it depends on the exact charges. Are they suing him for a tort, a statutory violation, or what? What are they suing him for? Damages or an Injunction, or both? YES they can sue him individually AND sue the corporation at the same time.
2007-09-22 23:07:02 · answer #3 · answered by cyanne2ak 7 · 1⤊ 0⤋
Yes they can be sued for trademark infringement.
2007-09-22 22:57:41 · answer #4 · answered by 2Cute2B4Got 7 · 1⤊ 0⤋
You can sue.
2007-09-22 22:50:42 · answer #5 · answered by midnitrondavu 5 · 0⤊ 0⤋