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Intellectual Property Law

There's a new company just over the border from us in Canada

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that is infringing on our...
There's a new company just over the border from us in Canada that is infringing on our company name and have registered a domain name almost identical to ours. We just found out that they are approaching the manufacturers we work with in order to replicate our business. I'm not sure what to do.
Submitted: 1 year ago.Category: Intellectual Property Law
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7/6/2016
IP Lawyer: Alex J. Esq., Lawyer replied 1 year ago
Alex J. Esq.
Alex J. Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 16,723
Experience: Licensed and Experienced Attorney.
Verified

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Is this company located in another jurisdiction? Is the company in Canada?

Do you have any type of exclusive written agreement with the manufacturer?

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Customer reply replied 1 year ago
My company is located in Seattle, WA and the other company we just discovered is operating just over the border in British Columbia, Canada. We do have agreements with our manufacturers but I'm less concerned about them selling the same items as I am about them using the exact same name as our company.
Customer reply replied 1 year ago
Our company:
www.adventure-ready.comTheir company (new website still under construction):
www.adventurereadyinc.comNotice that they've opted for a .com address not a normal canadian .ca address.
IP Lawyer: Alex J. Esq., Lawyer replied 1 year ago

Thank you for your follow up.

Unfortunately, there is no law that would prevent a company in a different state or country from using names similar or the same that are registered in another jurisdiction and as long as, the company with a similar name doesn't try to represent itself as the original company or use contact information of the original company I am afraid there would generally not be any legal recourse.

Unfortunately, the same goes for the websites and web addresses.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

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IP Lawyer: Alex J. Esq., Lawyer replied 1 year ago

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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IP Lawyer: Alex J. Esq., Lawyer replied 1 year ago

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you

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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 16,723
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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).

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