Can I sue them for using essentially the same name? 1 Answers as of August 23, 2010

Can I sue a retailer that is using essentially the same name as my own business? The only change that they have made to the name is adding the word the in front of it. They are one of my potential competitors and I know that this would be misleading for my customers or those searching for my business. Thanks.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Anybody can sue anybody for anything, but winner is a different question. If you have properly protected your IP in the name, logo, etc., through copyright, trademark and trade name registration and filings, sure. You may have rights under the unfair competition rules even if you didnt legally protect the name.

I suggest you consult experienced counsel before threatening anybody with action. See if the cost of taking action is worth doing. If you are in SoCal, feel free to contact me for legal help.
Answer Applies to: California
Replied: 8/23/2010
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