Legal Question in Intellectual Property in New York

My Company name is the same as someone else's

My business partner and I started a small handbag business. We had no business experience. We chose a name we liked and started to make our bags and sell them. Then we found out that there is another handbag company with the same name! We did not know about them. We want to know if we can be sued, do we need to change the name, what is the deal with copywriting the name, etc

Thank You


Asked on 12/23/04, 6:19 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: My Company name is the same as someone else's

Yes, you can be sued. The other handbag maker could have a cause of action against you in trademark law under the what is called the Lanham Act for infringing on their federally registered or unregistered mark. Before you are sued, the other company will likely send you a "cease and disist" letter. You can't copyright the name. You might have been able to trademark the the name were no one using this name. However, that may not be possible because even it the other company doesn't have a registered TM, they might still object to your use if they are using the name for the same product in the same market. I suggest you seek legal advice.

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Answered on 12/23/04, 6:57 pm


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