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Richard, Attorney
Category: Legal
Satisfied Customers: 55323
Experience:  Attorney with 29 years of experience.
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My friend owns Studebakers West in Redwood City. He started

Customer Question

My friend owns Studebakers West in Redwood City. He started in 1979. Now a competitor has purchased "" preventing me from using it as my website ddress. I do have a website as www.studebakerswest.NET. Can he do that, buying my business His website and business name is Thank you, XXXXX XXXXX the webmaster for Studebakers West. . Diane Glew
Submitted: 6 years ago.
Category: Legal
Expert:  Richard replied 6 years ago.

Good afternoon. Even though he does not have the right to use the name in any capacity because your friend already has used the name, the competitor is within its legal rights to have obtained the website and prevent you from using it. People have done this for years with odd names in hopes those names would become valuable to someone. You are being held hostage, but unfortunately he is within his rights. But, if he attempts to use it in any way, then you can file a claim against him for infringement of a protected name that was previously in use.



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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 6 years ago.
What should I put into a letter to him? He is not using the website name, just as you say holding it hostage. Thanks Diane
Expert:  Richard replied 6 years ago.
You should attempt to reasonably resolve this by coming to an agreement on a reasonable settlement. Otherwise, even though the name has some value to you, it will be worthless to him. Better for him to get something reasonable than nothing.