Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

I have a resturant in ct one of my competition has been

Customer Question
Hi i have a resturant in...
Hi
i have a resturant in ct one of my competition has been using our website name and menu on their ads online when you search their name i have asked them to correct it they have not what can i do i feel its hurting my business
Submitted: 2 years ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 13 minutes by:
9/2/2015
IP Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 119,541
Experience: Attorney practicing all aspects of copyright/trademark law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If they are using your name and menu on their ads, then they are infringing on your copyright and trademark rights. Even if you have not registered a copyright or trademark, you still have common law copyright and trademark rights and you can stop them from using them.

You need to start by sending them a letter telling them you own the intellectual property rights to the name and the menu and that they are infringing on those legal rights. Tell them you are demanding they cease and desist the use immediately and if they refuse then pursuant to the intellectual property laws on copyrights and trademarks you would be pursuing legal action against them for damages and an injunction.

If they refuse to immediately stop, you would need to get a local intellectual property attorney to seek to file a civil suit against them for damages, which can include attorney's fees as well.

Ask Your Own Intellectual Property Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 119,541
119,541 Satisfied Customers
Experience: Attorney practicing all aspects of copyright/trademark law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

848 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

459 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

450 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
We just got our business trademarked and I have some
We just got our business trademarked and I have some questions regarding the usage of the business name. … read more
socrateaser
socrateaser
1,031 satisfied customers
Trademark Clarification Question: So, I'm getting ready to
Trademark Clarification Question: So, I'm getting ready to start selling product in the next year with a company that I've recently started. I've checked the name, let's call it Lovely Lemons, and I s… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
I just finished my 1st cd that i need to get copyrighted
I just finished my 1st cd that i need to get copyrighted asap and trademark my record label's name.how much will the copyright&trademark cost and to start doing shows,selling c.d.s,etc... legally what… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
I'm contacting you regarding an intellectual property law
Good morning,I'm contacting you regarding an intellectual property law question which could also effect trademark law. To understand the complete scenario, please let me explain as follows. I have cur… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a question regarding the trademarks and copyright of
I have a question regarding the trademarks and copyright of Adobe Systems, Inc. I understand that their name, "Adobe" is a trademark, and the question I have is, would it be an infringement upon Adobe… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
If a trademark/service is listed as dead / abandoned, can
If a trademark/service mark is listed as dead / abandoned, can someone else apply for the the mark? The business name I am looking at is 2shae. If a name such as 2shae does have a trademark, is it no … read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
An opposition was filed against my trademark, the case has
An opposition was filed against my trademark, the case has finally been decided and the opposition has been sustained in favor of the Opposer. What are my legal remedies now? Can I now amend the goods… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
We are a U.K start up about to make both trademark
Hi We are a U.K start up about to make both trademark applications. My product designer is handling the applications. From my understanding if we apply for the trademark we would need to apply for bot… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
119,541 satisfied customers
I've come up with an idea that I would like to trademark.
Hi. I've come up with an idea that I would like to trademark. How do I go about doing a search and how do I go about trademarking the idea? Thanks.… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
What constitutes copyright infringement? If I find someone
What constitutes copyright infringement? If I find someone else's explanation answer to a question, and I read that explanation, and then develop my own explanation perhaps with different wording will… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
Livestrong ( Armstrong) is definitely trademarked, but can I
Livestrong (Lance Armstrong) is definitely trademarked, but can I create a piece of jewelry that is not his font that says Live Strong as two words?… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
459 satisfied customers
I have a question about trademarking, we received the
Hi I have a question about trademarking, we received the results of our LegalZoom trademark search and want to know if we should proceed with filing the trademark based on the results. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I'm actually asking a copyright/trademark question. I am a
Hi...I'm actually asking a copyright/trademark question. I am a writer and small, independent publisher. I wrote a series that was published in 2005, 2006, 2007 and is actively available and selling n… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
848 satisfied customers
I have a trademark on website and the was infringed on by
I have a trademark on website and the was infringed on by another website using the exact same name with just a different extension on the domain . What is my legal recourse in this matter? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I went through Legal Zoom for copyright and Trademark
Hello, I went through Legal Zoom for copyright and Trademark protection on my patent pending product. The U,S,P.T.O. approved "Life" on my submission for "Life Head Gear". … read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
848 satisfied customers
This question concerns trademark/copyright of street
This question concerns trademark/copyright of street photography. Hello. I live in Austin, TX. I have been working on a street photography project in which I shoot recognizable local businesses and si… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
DMCA subpoenas are only for copyright iinfrigement what
Hi DMCA subpoenas are only for copyright iinfrigement what about for Trademark infringment … read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
RE: difference between copyright and trademark. "Know your
RE: difference between copyright and trademark. "Know your prospective client" would be a trademark or a service mark correct?… read more
Taylor
Taylor
Attorney
Juris Doctor
212 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x