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
1 Answer from Attorneys
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.
Begos & Horgan, LLP
25 Ford Road
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