Sep
28
Deceptively similar business name?
Filed Under Utah Business
pearlywhites asked:
There is a business located within my state and market with a business name that is deceptively similar to our name. We are located in Utah. I want to know what law they are breaking and what an attorney would recommend that we say to them. I’d like to resolve this without attorneys as we are a small business. Thank you!
Dirk
There is a business located within my state and market with a business name that is deceptively similar to our name. We are located in Utah. I want to know what law they are breaking and what an attorney would recommend that we say to them. I’d like to resolve this without attorneys as we are a small business. Thank you!
Dirk
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2 Responses to “Deceptively similar business name?”
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If your name is copyrighted then you may have a case based on that. Typically an attorney would send a cease and desist letter threatening further litigation.
Actually, names are not subject to copyright protection. Names can be protected under trademark law, however.
If you have established trademark rights to your business name, then you can stop others who use marks that are likely to cause confusion with your business name. Of course, it is impossible to say in the abstract whether you have established trademark rights.
Ultimately, if your business name is important to you, I strongly recommend you consult an attorney experienced in trademark law. A stern letter from an attorney may have much more force than a letter from you. A good attorney will actually save your business money (and make your business more money) in the long run.