Legal Question in Business Law in New York

Copying of business name

We have a business where an owner of another business up the street from us has given their business the almost exact same name. Said business is of the exact same type of business as ours where the name of their business is the first 6 letters of our name - we have 10 letters. Said business was originally under a different name and has changed its name to the current name as of last week and we are getting calls from people looking for them and probably people calling them looking for us. We would like to know how we can handle this legally to have them change the name of their business to not be almost the same as ours. Thank you.


Asked on 6/02/06, 10:31 pm

1 Answer from Attorneys
Charles Williamson Charles J. Williamson, Attorney At Law

Re: Copying of business name

One way to go would be trademark. The right use a name as a trademark is established by use of the name. Register your trademark name with the USPTO first - which you should be entitled to do since you have been using the name longer. Then, assuming that the name of the business down the street is "confusingly similar" to your own, you can have your attorney send the other business owner a letter requesting them to stop using your registered trademark name. If the other business refuses, you can sue.

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Answered on 6/03/06, 5:56 am


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