Re: Name Infringement

Subject: Re: Re: Name Infringement

Comments:
: : I own a small storefront business and have used the name for two years. I have not registered the name and am operating under a dba. Another store opened down the street two months ago and is using almost exactly the same name and are running the exact same type of business. They are incorporated as of a few months. Does being incorporated give them rights to the name even though I was there well before them? I am losing business because people look in the phone book for my name and unknowingly go to them instead. Can I force them to change names? Do I have any recourse? What if I want to change names now because of this dilema? Can I still get awarded damages? They say they weren't aware of my existence, but I believe they have done it on purpose to gain my business and give them added start-up momentum. They probably are counting on me not taking them to court because there wouldn't be any money to be gained after paying an attorney. Can I also recoup lawyer's fees or get punative damages as well as business loss? It's a hard situation for a very small business. I'm discouraged about even going to a free consultation. : Dear Discouraged Business Owner, : On your statement of facts, it looks like you have an excellent case. : The realities have, since time immemorial, been whose got the money to fight? : Your rights look sufficiently clear to win. Usually it is hard to get back your attorney's fees unless you can prove willfulness. The closeness of the businesses is on your side. : I wish you the very best of luck. You may be able to bluff them down, or use a lawyer to bluff them down, On your statement of facts, you have an easy win. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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