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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10648
Experience:  30 years of corporate, litigation and international law
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I have a business that I have built up over the last 7 years

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I have a business that I have built up over the last 7 years with internet and print marketing. Last November my calls and emails went down dramatically and I did some research and found out that another person is using the same exact name as mine in Atlanta (I am just south of Nashville). Then I found out from brides and others that they are finding him instead of me. Our names are XXXXX XXXXX jenkins photography. But that is my name, and his name isXXXXX jenkins photography. He owns as of last year and calls it shannon jenkins photography. I own and have owned it for over 7 years and call it shannon jenkins photography. I know this is hurting my business b/c I have had 2 brides tell me they saw he was in atlanta and didn't go any further. If I know about 2 brides then surely there are others. Please let me know if there is anything I can do. Thank you so much!
You do have a claim against the other photographer. You can take the position that you have a trade name right and protection in your name as a photographer and that use of his name under the circumsatnces is confusing customers and passing himself as you. This is also a species of a deceptive trade practice. The fact that you can identify two specific customers who were confused strengthens your case immensely. where you are dealing with someone who is using their own name, it is a little more complicated than the normal situation. This is a situation you will need to retain an attorney to help you. However, I believe you have a good case and should pursue it as it is obviously hurting your business.

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
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