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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37956
Experience:  Retired (mostly)
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Our office - which is an Optometric Practice - paid money to

Customer Question

Our office - which is an Optometric Practice - paid money to get the phone number 2020.
We've had it for over 20 years. Our prefix is 631
Now a competitor has opened a new practice and has the number(###) ###-####
Do I have any legal rights to object to this obvious ploy by a competitor to have my patients call him inadvertently by confusing the numbers?
Submitted: 11 months ago.
Category: Legal
Expert:  socrateaser replied 11 months ago.

Hello,

You could sue for "trade dress infringement."

The Supreme Court has defined "trade dress" as the total image of a product or business, explaining that it "may include features such as size, shape, color or color combinations, texture, graphics, or even particular sales techniques." Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763, 765 n. 1, 112 S.Ct. 2753, 2755 n. 1, 120 L.Ed.2d 615 (1992). This cause of action has been adopted by Minnesota courts.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 11 months ago.

Hello again,

I see that you posted a follow-up question that was answered by someone else. The contributor who answered should have marked the question as a duplicate, so that you would not be charged twice for the same question. Perhaps he didn't notice that the question was a duplicate.

You can contact customer service and withdraw the question as a duplicate, and I will be happy to follow up with you here. Note that with regards ***** ***** follow-up question, the answer is, "yes," the attempt to confuse your potential patients/clients by intentionally using a deceptive competing phone number is ***** to make out a cause of action for trade dress infringement.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 11 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!