Legal Question in Business Law in Massachusetts

Someone has used a logo design very similar to mine and they have the same type of business. Mine has been protected since 2009 their website indicates 2011.

They are in Ca I am in Ma - can I ask them to stop using it?


Asked on 5/23/11, 3:48 pm

2 Answers from Attorneys

If you have trademarked the logo nationally, yes you can stop them from using it.

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Answered on 5/23/11, 3:57 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. The question and the ideal answer are a little too fact-dependent to be answered without full information and evaluation. For example, how have the parties protected their logos? Was it a state registration, a federal registration or merely common law rights? Are the logos confusingly similar? What were the actual dates of first use and where? Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/24/11, 7:26 am


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