Legal Question in Business Law in California

I opened a clothing store in 2008 and in 2009 went out of business. I sold second hand goods. The new store that took over was a lady who didn't want to buy my business but wanted to open her own second hand store her way. When I went out of business, she signed over the space with my landlord.

She then used a similar name, using 2 of the 3 words in my title as her first two words of her title. Her store name is shortened to just those 2 words frequently, as mine was (the third word in my business name was my own name).

I filed a cease and desist against her, as I would like to open again in a neighboring city. She ignored my lawyer and the letter. Can I file a lawsuit against her? Where can I find citation that what she's doing is illegal so I can simply show her without going through the lawsuit process? She copied a lot of the shop, from colors to set up... I don't know if it's enough to prove it's confusing to the customer.


Asked on 9/22/09, 1:46 am

1 Answer from Attorneys

Since she did not start business until you were out of business, you don't have much of a case. I won't say no case, but not much of one. What you've got is a trademark infringement case, but she's going to claim abandonment. Did you even make a ficticious name filing with your county and maintain it? At least that would show some intent not to abandon. As for the colors, set-up, etc. That is called "trade dress" and is subject to trademark protection, but it doesn't sound like you protected it, and again the abandonment argument applies.

Read more
Answered on 9/22/09, 4:48 pm


Related Questions & Answers

More Business Law questions and answers in California