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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111657
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Internet retailers falsely claiming to be my company, and how

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Internet retailers falsely claiming to be my company, and how do I make them stop?
I own hughesflorist.com. But, if you click the attached google link, you will see others using my company name in the title, but then it takes people to their site to make a purchase. How can I stop this? How can they legally do this? I am a small mom and pop business, and shouldn't have to put up with the large companies claiming to be me, and deceitfully taking my customers.
Thanks.
https://www.google.com/webhp?source=search_app#output=search&s client=psy-ab&q=hughes+florist&oq=hughes+florist&gs_l=hp.3..0l4.2950.9519.0.9923.14.14.0.0.0.0.1627.7749.6-2j1j3.6.0....0...1c.1.23.psy-ab..8.6.7706.o0TD_jinTrg&pbx=1&bav=on.2,or.r_cp.r_qf.&bvm=bv.50165853%2Cd.cGE%2Cpv.xjs.s.en_US.seW1cfrvSKg.O&fp=aabfeb84bfcc56d1&biw=1092&bih=533
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

This practice is a violation of the anti-cybersquatting laws and also would be considered identity theft and unfair and deceptive business practices. Unfortunately, what it means is you would have to file suit in the US District Court against the company and you would be entitled to damages such as any proof you have of how much you have lost in sales to their misrepresentation and deceit. Because it is a fraud, you would also be entitled to seek attorney's fees as part of your claim and you would also file for a permanent injunction against them to prohibit further conduct immediately.



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Customer: replied 3 years ago.

We don't see any way to prove lost sales. Priority is to make them stop.


Our business is in Portsmouth, Va. We would have to find what state their corporate is. Once that is done, would we go to OUR general district court for an injunction? Do you think they would respond to correspondence, quoting the law, from a lawyer or from us? Thanks.

Thank you for your response.

You would have to approximate by using last year or previous month sales.

You would have to find out where the company is located, yes, but then you can sue them in the FEDERAL US District Court in VA based on diversity of citizenship if they are in a state other than VA and seek damages and an injunction.

They might respond to a cease and desist letter from a lawyer, but most of these companies are unethical and do not care and will make you sue them to stop because they know it is an inconvenience and many people will not be bothered suing.
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