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If I have a similar business name with another company can…

Customer Question
If I have a...

If I have a similar business name with another company can they sue me

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been officially filed? If so, what?

No They contacted me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ni

Submitted: 4 months ago.Category: Business Law
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Customer reply replied 4 months ago
My business name is ***** ***** waste & recycling LLC.The other business is valet waste LLC
The contacted me to change my name and give me a deadline to do so or they will take legal action.
Answered in 10 minutes by:
1/6/2018
Business Lawyer: Lori, Attorney replied 4 months ago
Lori
Lori, Attorney
Category: Business Law
Satisfied Customers: 1,509
Experience: Business law attorney with over 25 years experience
Verified

Hello. I will try to assist you. Was your company doing business first? Are both incorporated in the state of Florida?

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Customer reply replied 4 months ago
They were first
Yes in the state of frorida
Business Lawyer: Lori, Attorney replied 4 months ago

I am assuming neither of you hold a trademark to the name "valet waste" on the federal level with the USPTO. so we need to look at trademark common law rights. Trademark common law rights attach to a trademark once the trademark is associated with any goods/services in a geographical area. Thus, a business that does not register its trademark can still have first priority on the name in the geographic area in which it sells its goods/services as long as it was the first to establish common law trademark rights to the name.

the next issue -- is it creating confusion in the marketplace? are you both operating in the same geographic area?

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Business Lawyer: Lori, Attorney replied 4 months ago

I just looked them up - Valet Waste, LLC is inactive; they changed their name. They are not actively using that name. Therefore, there is no competition in the marketplace. Company called Valet Waste and Recycling Services, LLC is also inactive.

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Business Lawyer: Lori, Attorney replied 4 months ago

There are 2 fictitious companies using Valet Waste in their name:

http://dos.sunbiz.org/scripts/ficregl.exe

however, those 2 companies are not in the Orlando area. therefore, I would argue that there is no confusion in your geographical area - Orlando - so no infringement.

Hope that helps.

Please be sure to accept my responses and post a positive rating.

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Lori
Lori, Attorney
Category: Business Law
Satisfied Customers: 1,509
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