Legal Question in Business Law in New York

Preserving right to use a business name.

I recently discovered a new business listing in my

regional phone book which is almost exactly the

same as my business name. It's set up like this:

Mine: "Name Product"; theirs: "Name Product &

Product". How can I protect the use of my name and

then stop others from using the same or very

similar name? Both are sole proprietorships, not

in New Yor

Asked on 3/08/99, 11:15 am

1 Answer from Attorneys

Patrick Begos Begos & Horgan, LLP

Re: Preserving right to use a business name.

This is a trademark infringement claim. You will need to prove that: (i) you have superior rights to the name (that you used it first in the market in question, and/or registered it first); (ii) your competitor is using a similar name that is likely to cause confusion (for example, consumers will confuse competitor's service with yours).

You should be warned that "generic" names are hard to protect. For example, pretty much any number of people can have a business called Joe's Painting in the same area.

You need to have an attorney familiar with trademark law look at your specific situation. I'd be happy to do so.

Patrick Begos

Begos & Horgan, LLP

25 Ford Road

Read more
Answered on 3/09/99, 9:35 am

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