Legal Question in Business Law in Texas

Originally, there is only one chinese restaurant called china buffet. After three year, a competitor opened a same kind chinese restaurant named it china one buffet, where is two miles apart. can I bring a lawsuit using a reason of misleading consumers knowledge that consumers believes that china one buffet is china buffet's branch? Because of china one buffet, many people ask china buffet that china one buffet is same owner or not, and many people call china buffet for placing order but pick up orders in china one buffet which make china buffet lose lots of money due to the reason of similar business name. please give me some advise. Thank you


Asked on 8/04/10, 7:26 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say a review of all the facts and circumstances is necessary. You may have a claim for either trademark infringement or unfair competition. Have your protected your name - logo as a registered trademark or service mark? Consult with a good trademark attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/09/10, 3:28 pm


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