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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 111466
Experience:  Attorney practicing all aspects of copyright/trademark law
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I have a resturant in ct one of my competition has been

Customer Question

Hi
i have a resturant in ct one of my competition has been using our website name and menu on their ads online when you search their name i have asked them to correct it they have not what can i do i feel its hurting my business
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If they are using your name and menu on their ads, then they are infringing on your copyright and trademark rights. Even if you have not registered a copyright or trademark, you still have common law copyright and trademark rights and you can stop them from using them.

You need to start by sending them a letter telling them you own the intellectual property rights to the name and the menu and that they are infringing on those legal rights. Tell them you are demanding they cease and desist the use immediately and if they refuse then pursuant to the intellectual property laws on copyrights and trademarks you would be pursuing legal action against them for damages and an injunction.

If they refuse to immediately stop, you would need to get a local intellectual property attorney to seek to file a civil suit against them for damages, which can include attorney's fees as well.

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