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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98901
Experience:  Lawyer
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Can a sole proprietorship sese and desise a corporation If

Customer Question

Can a sole proprietorship sese and desise a corporation If the proprietorship has been oporating with similar name for longer then the corporation ?
Submitted: 11 months ago.
Category: Canada Law
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 11 months ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

May I go ahead?

Customer: replied 11 months ago.
go ahead
Expert:  Debra replied 11 months ago.

Yes. You can get the corporation to stop using your name or a name similar to yours. It is unlawful for one entity to use a similar name or the same name as another. This is called passing off. It is where the public can be confused by the use of the name so that the public may think they are purchasing from you when they are actually purchasing from another company.

So Your next step would be to retain a lawyer and have that lawyer send the company a cease and assist letter threatening a lawsuit.

Let me know if you need any further clarification.

Expert:  Debra replied 11 months ago.

*desist

Customer: replied 11 months ago.
I am the corporation. He is not incorporated, and the British Columbia name registry approved our name.He has threatened to take legal action against us. What are my options. He has been in business since 2011 and I just incorporated and started business in April of this year.
Customer: replied 11 months ago.
I had no idea his company even existed as my application to incorporate was approved
Expert:  Debra replied 11 months ago.
I understand but this isn't about your right to incorporate or what you needed to incorporate. It is about the fact that he owns the intellectual-property rights to that name. As I explained this is a civil wrongdoing. It is a tort called passing off. He will be able to get an order requiring you to change your name and will also be able to sue you for damages if you lost business as a result of this.
Customer: replied 11 months ago.
what are my options? How can I protect myself?
Customer: replied 11 months ago.
Why was I not notified that there was a similar name when I applied for the name request and incorporation ?
Expert:  Debra replied 11 months ago.
Their name may not have been registered. But that doesn't mean that you can use it. The way you can protect yourself is by changing the name.
Customer: replied 11 months ago.
But his company name is McRae's Services and my company name is McRae's plumbing and heating Ltd. they are not the same names.
Expert:  Debra replied 11 months ago.

But they are very, very similar and the public can be confused by those names.

Customer: replied 11 months ago.
Sorry his is McRae.
Customer: replied 11 months ago.
I don't have any options other then to change my name?
Expert:  Debra replied 11 months ago.

Not as far as I can see.

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