Legal Question in Intellectual Property in Illinois
Copyright and Trademark Name Infringement
I have a name of my office that has been incorporated in the state of IL and today I saw another facility 1.5 miles down from me on the same street using the same name. I have been incoporated for over 5 years and they just opened the other day performing same medical services. Is there something I can do to prevent them from using my name?
1 Answer from Attorneys
Re: Copyright and Trademark Name Infringement
It depends upon the name and how you have used it. For example, if your name is something as generic as "West Suburban Medical Office" you may have a real problem unless you can establish that your business is very well known and the name is widely recognized.
However, if your name is more distinctive, the answer is probably that you can prevent them from using your exact name or something that causes confusion. Your use over the five previous years should have established some common law trademark rights.
Detailed facts are very important in determining whether you can prevent the new business from using the name. You should discuss your specific facts with an attorney who is familiar with intellectual property law.
David K. Staub, business attorney
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