Legal Question in Consumer Law in Vermont

company name infridgment

how can you prove a loss for name infridgment? Own a real estate company and another company copied our name. The State of Vt asked them to change it, but the owners didn't and we were told by the State that we would have to sue them to change it. This went on for four years and then when we sued, they changed the sign, but we want to show damages, but don't know how to do this.

It's difficult to prove someone bought from them rather than us.

Any suggestions??


Asked on 3/06/07, 9:37 am

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: company name infridgment

If you sued, why didn't you ask for damages?

DId you have an attorney? You may be barred by res judicata doctrine.

I would need to see prior litigation documents to advise. This would be billable.

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Answered on 3/06/07, 9:44 am
Johm Smith tom's

Re: company name infridgment

Mr. Anderson is correct; you may have lost your chance to seek damages, especially if you had not protected your name earlier. You lose your rights under the law if you sit on them and fail to exercise them in a timely fashion. You may want to protect your assets now and move forward.

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Answered on 3/06/07, 10:49 am


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