Question:

Who do I contact if someone has infringed on my business name?

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I just found out someone has decided they wanted to start a business with a name I registered and have been using in my city for the past 5 years. I don't have money for a lawyer, but I can't sit back and let this person ride off the name of my business. Please help me! My email is filmmusicandtv@yahoo.com

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4 ANSWERS


  1. well its gonna take a lawyer.  not like the cops deal with this


  2. Might makes right. If you don't have enough money for a lawyer and your business isn't doing well enough to protect itself in situations like this you have no way to enforce your claim to the name. You can try writing legal threatening letters, but good luck if you can't pony up the cash to back yourself up.

  3. Trademark infringement is defined as "likely to cause confusion." If they're in a different line of business, it may be hard to find confusion, but if it's a business registration, you might contact their town hall or the secretary of state's office to see if they'll help protect your naming rights (which are different from trademarks).

  4. You can try talking to them first.  See if it is an honest mistake or if they plan to ride of your name.  If the latter is true, and they won't change their name, contact your States Attorney General, and ask them what to do about it.

    Edit:  If they are using your trademarks then it is being done on purpose.  You need to get a consultation with an attorney, maybe this can be settled out of court with a letter of intent from a lawyer

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