I have been operating a small business as a sole proprietor in the state of Idaho for 17 years. Recently, someone "incorporated" their business using my business name, only changing the spelling of one word. Is that even legal?
Since there was not a similar name registered with the state, they were able to register the name. This would be true even if you then formed a company with the same name but as a different business entity (e.g. an LLC rather than an Inc.) However, you may have a common law trademark claim if you can show that your trade name and products/services are so similar as to cause confusion to consumers and that you both operate in the same geographical area. If you are able to win on a common law trademark action then you can enjoin them from using the name in your area. However, if they have a federally registered trademark, you might be preempted from doing so if it has been in existence for a certain period of time.
IP Attorney. JD and Masters of Law in Entertainment Law.
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Bridgeth's answer was just fine. The poor rating of service comes from the fact that it was not timely enough to help me. I had a meeting with an attorney and prosepctive buyer for my business and needed the information prior to that meeting. I typed in the question, waited for an answer..and waited...and waited. I called "Just Answer's" customer service and was told they would expedite it. Unfortunately, I had to leave for my meeting before the answer came. So now, I have been barraged with emails for feedback and payment--wish "Just Answer" would have been as anxious to answer my question as they are to get paid. I will be cancelling my subscription to this service. I have used it twice in both instances, was disappionted. :(
Bridgeth's answer was adequate. My dissatisfaction comes from the response time and service provided by Just Answer--not the attorney. Have used it twice and in both instances, was dissatisfied. I find the site difficult to navigate and utilize efficiently.
Hi. I'm am sorry that you are dissatisfied with the site. I personally responded to the question as soon as I saw it. I am not sure why others did not respond prior to that. Unfortunately, the negative feedback that you left affects only me and not Just Answers, the site. If you were satisfied with my answer, please let the feedback reflect that. You can still change the feedback to positive and not pay for the answer. Thanks!
I tried to change my "rating" to reflect your answer as "GOOD." I hope it worked. I certainly don't want my dissatisfactioin with JustAnswer to reflect on your credibility. Let me know if it doesn't reflect a positive rating and I will take it up with the JustAnswer customer service people again. Thanks for your help.
Thank-you! Yes, that worked. I am sorry that you had a bad experience with the site itself and I hope that you get everything resolved.
I hope that I have sufficiently addressed your concerns. Hi. I'm am sorry that you are dissatisfied with the site. I personally responded to the question as soon as I saw it. I am not sure why others did not respond prior to that. Unfortunately, the negative feedback that you left affects only me and not Just Answers, the site. If you were satisfied with my answer, please let the feedback reflect that. You can still change the feedback to positive and not pay for the answer. Thanks!If you require further assistance, please feel free to contact me directly XXXXX@XXXXXX.XXX.Regards,Bridget Hauserman, Esq.
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