How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Debra Your Own Question
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101375
Experience:  Lawyer
10263656
Type Your Canada Law Question Here...
Debra is online now
A new question is answered every 9 seconds

Can a sole proprietorship sese and desise a corporation If

Customer Question

Can a sole proprietorship sese and desise a corporation If the proprietorship has been oporating with similar name for longer then the corporation ?
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Debra replied 1 year ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

May I go ahead?

Customer: replied 1 year ago.
go ahead
Expert:  Debra replied 1 year ago.

Yes. You can get the corporation to stop using your name or a name similar to yours. It is unlawful for one entity to use a similar name or the same name as another. This is called passing off. It is where the public can be confused by the use of the name so that the public may think they are purchasing from you when they are actually purchasing from another company.

So Your next step would be to retain a lawyer and have that lawyer send the company a cease and assist letter threatening a lawsuit.

Let me know if you need any further clarification.

Expert:  Debra replied 1 year ago.

*desist

Customer: replied 1 year ago.
I am the corporation. He is not incorporated, and the British Columbia name registry approved our name.He has threatened to take legal action against us. What are my options. He has been in business since 2011 and I just incorporated and started business in April of this year.
Customer: replied 1 year ago.
I had no idea his company even existed as my application to incorporate was approved
Expert:  Debra replied 1 year ago.
I understand but this isn't about your right to incorporate or what you needed to incorporate. It is about the fact that he owns the intellectual-property rights to that name. As I explained this is a civil wrongdoing. It is a tort called passing off. He will be able to get an order requiring you to change your name and will also be able to sue you for damages if you lost business as a result of this.
Customer: replied 1 year ago.
what are my options? How can I protect myself?
Customer: replied 1 year ago.
Why was I not notified that there was a similar name when I applied for the name request and incorporation ?
Expert:  Debra replied 1 year ago.
Their name may not have been registered. But that doesn't mean that you can use it. The way you can protect yourself is by changing the name.
Customer: replied 1 year ago.
But his company name is McRae's Services and my company name is McRae's plumbing and heating Ltd. they are not the same names.
Expert:  Debra replied 1 year ago.

But they are very, very similar and the public can be confused by those names.

Customer: replied 1 year ago.
Sorry his is McRae.
Customer: replied 1 year ago.
I don't have any options other then to change my name?
Expert:  Debra replied 1 year ago.

Not as far as I can see.