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Richard, Attorney
Category: Business Law
Satisfied Customers: 53698
Experience:  32 years of experience practicing law and a businessman.
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i currently work for an electrical outfit and want to open

Customer Question

i currently work for an electrical outfit and want to open my own company with a similar name. is this a leagal issue i need to be concerned about?

current employer "Tower-Davis Electric"
new company name "Tower Electrical Service"
Submitted: 5 years ago.
Category: Business Law
Expert:  Richard replied 5 years ago.

Good evening. If your name is XXXXX XXXXX you are entitled to use your name in your new business unless you have a specific agreement with your former company that you can't take the name. If Tower is not your name, your former employer would have a claim for an injunction to stop you from using the name and damages for any useage to date.



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Customer: replied 5 years ago.

i have checked with the state and there is no company with the name Tower Electrical Service and that my contractors license and ficticious name would be approved if filed with them.


Would the states approval give me any protection? there is another company in the area called Tower Electric that has no affiliation with Tower-Davis or myself. the reason i am asking this is i have made an offer to purchase one of the departments in my company and want to know my options if this purchase does not go forward.


The portion "Tower" came from another company and "Davis" from another that were merged during an accusition prior to the current owner purchasing "Tower-Davis"


As long as i did not use thier logo and did not represent myself as being the same company would i be protected?


thanks for the help



Expert:  Richard replied 5 years ago.

You would run the risk of being deceptively similar to a business that had already established the name. You would likely be forced to I would recommend that you use another name.

Customer: replied 5 years ago.
Relist: Answer quality.
more definetive answer rather than just a robotic type response.

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