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Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I know of a company that opened a business in another

Customer Question

I know of a company that opened a business in another marketing area (physically)and is using my name. I did not copyright it. Is it too late? They are trying to build a website as I am and the web company is trying to find a solution. I've been in business 5 years longer but we are marketing the same area. Help
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist.
Expert:  Roger replied 1 year ago.
A trade name or logo would be a trademark issue. That said, you would have a common law trademark if you're using the name in commerce.
Expert:  Roger replied 1 year ago.
The standard is whether or not a reasonable consumer would confuse your name and brand for this other one. Also, if you're doing business in the same area and selling to the same consumers, the standard can be heightened even more.
Expert:  Roger replied 1 year ago.
If there is a likelihood of confusion, then you'd likely have the right to object and stop the use IF you were using the name first.