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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118782
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I am a photographer in NYC. I have been shooting professionally

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I am a photographer in NYC. I have been shooting professionally and having my work published nationally & internationally for the past ten years. I am pretty established and have spend tens of thousands of dollars promoting my business over the years. Someone recently started promoting themselves as a photographer who has the same name as me. She is creating confusion because she is using "XXXXX XXXXX photography" as her title, which is what I have been using.
I have asked her to add an initial or change something to avoid further mistaken identities, and she has declined to do so.
Do I have any recourse?
While a person cannot really trademark their name, if you have been using XXXXX XXXXX Photography as your company business name in commerce, you need to do two things, first file a trademark application to try to mark your company name. Second you need to send her a cease and desist letter informing her that you have been using that company name in commerce since X date and as the first to use in commerce her use is infringing on your rights to the name and that if she does not cease and desist causing the likelihood of confusion by using the same name and thus harm to your business reputation you would have no choice but to sue her for damages. Then if she refuses you would have to sue her for infringement upon your name, at the very least the common law rights to the name where you have used it in commerce for so long and it is tied to your business reputation

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