The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Jul 9th, 2020, 7:34am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
   Trademark Forum
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Another company is using my company name
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Another company is using my company name  (Read 908 times)
Another company is using my company name
« on: Jun 29th, 2007, 10:28am »
Quote Quote Modify Modify Remove Remove

Hi everyone,
I'm writing because I have a chihldren's entertainment company (supplying characters for children's birthday parties). The name of my company is Fairy Tale Parties. I have been in business and registered for well over a year and a half. A new company has formed within 10 miles of my company and they have named themselves: Fairy Tale Birthday Party. I have already contacted the other owner and they have claimed that they registered and since I didn't see their ad in the newspaper, I have no rights and they are going to keep their name. They have also said that it is not even the same name.  
I am upset over this, because I am proud of my company and have already established a very strong client base. What happens if they have a bad reputation? This can't posssibly be a good thing.
I have had 2 different clients call me and ask me who this other company is, because they were confused.  
Please advise. thanks so much.
IP Logged
Senior Member


Posts: 2251
Re: Another company is using my company name
« Reply #1 on: Jun 29th, 2007, 2:55pm »
Quote Quote Modify Modify

To the extent that you used your mark first and can demonstrate that, you have senior rights to the other party even if they've registered (with certain geographic limitations).
That doesn't answer the question whether you mark is protectible at all, i.e., whether or not it's distinctive or perhaps merely descriptive.  
Any qualified TM attorney could help you with this.  One thing's for certain, if you sit on your rights, you'll lose them.
- Jeff
IP Logged

Intellectual Property and Technology Law
Brooklyn, USA
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board