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Greetings! My business Fictitious name isXXXXX A Lawyer is asking me to change my name. His clients business has four names 1. Salud Mas Vida 2. Tienda Naturista Health Store 3. Vitalidad y Salud 4. Salud Para Todos This lawyer is asking me to change my business name! He is threatning to sue me. Should i change my business fictitious name?
State/Country relating to Question: California Already Tried: A Lawyer is saying that my fictitiou business name VIDA NATURAL (Tienda Naturista) is: Wrongful Use of Business Name. His clients Business names are: 1. Salud Mas Vida 2. Tienda Naturista Health Store 3. Vitalidad Y Salud 4. Salud Para Todos My fictious name Vida Natural runs on the paper until the 27 of August. His Lawyer(demands)wants me to respond before August 25. In this way, they can stop my fictious name Vida Natural from going thru. They do not want me to use the words: "Salud", "Vida", "Salud Para Todos", "Vitalidad", "Tienda Naturista", "Centro Naturista" or "Naturista" By the way Tienda Naturista translates to Health Store. I think it's in the Nature of the Business to have Health Store (Tienda Naturista)as part of the name. Just like Vons pharmacy, CVS pharmacy..etc Another example would be William's Bakers, Luna's Bakers..etc again the Nature of the Business His Lawyer says that if I fail to change my name and respond in writting before August 25. Then he will legal action against me seeking money damages and an order enjoining me from using the name Vida Natural. My question is what should I do? Please Advise!!!
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By reading further, you agree to and understand the following: Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party. The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible. _____________________________________ Answer We do not provide legal advice or legal services on JustAnswer.It may be possible for the individual to sue for trademark infringement. To succeed in a trademark infringement claim, a plaintiff must show that the defendant's activity makes confusion likely. If a court finds the names to be substantially dissimilar, a court may refuse to award the plaintiff any damages for trademark infringement.However, Vida Natural seems quite dissimilar to the names listed. Before changing the business name, you should definitely consult an attorney and have him investigate the details of the matter. Such important details may include the type of business the other party does, where the other party does business, and the type and location of your business. Depending on those factors and the likelihood of confusion, it may be unnecessary to change your business name.Further, if your business was established prior to the other party's business, you may have grounds to sue that party. Please click the green Accept Button to accept my answer so I will receive credit for the time and effort I have spent answering your question. Bonuses and Positive Feedback are greatly appreciated. You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services: http://www.abanet.org/legalservices/lris/directory/ In the future, please feel free to ask questions of me personally at: http://www.justanswer.com/profile.aspx?PF=18048122&FID=0
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