Legal Question in Business Law in New York

Question regarding legal rights of a business to it's name: We have an LLC registered in New York State; and I just noticed that there is a company in the same industry (in NY state, as well) using our name. We are in good standing with the state, the other company is not registered as an LLC with the state under this name (though may have registered an assumed name). And because I know the trade and industry well, I know that they have not been around for very long. Obviously we are interested in protecting our business and our brand. I have contacted the state div. of corporations, the attorney general/s office, and the gov's office, who have all said that this is a legal issue and not something they will get involved in (i.e. they won't send any correspondence on our behalf). I understand that this is a legal issue. Does anyone have any advice on how best to proceed. I am inclined to start with a "friendly" phone call to the other business. Is this okay, or should I get an attorney involved from the start and make no correspondence on my own.

Thanks,

Chris


Asked on 1/28/11, 10:59 am

1 Answer from Attorneys
Michael Haber Law Offices of Michael S. Haber

You probably want to start with a "friendly" phone call because you are probably a nice person. And that is to your credit.

But, you are faced with a situation in which some upstart company (intentionally or not) may possibly derive some of the benefits of the good will that your company has earned over a period of time. I am afraid that this particular situation is not the one in which you should show how nice you are. Instead, my recommendation is that you get a lawyer involved from the outset.

If I can help you with this, please feel free to call upon me.

Good luck to you.

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Answered on 2/03/11, 6:32 pm


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