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   Another company is using my company name
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   Author  Topic: Another company is using my company name  (Read 908 times)
Aubrey
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Another company is using my company name
« on: Jun 29th, 2007, 10:28am »
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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.
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JSonnabend
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Re: Another company is using my company name
« Reply #1 on: Jun 29th, 2007, 2:55pm »
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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
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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