Is there any legal copyright recourse between countries for two corporations with the exact same name? 2 Answers as of August 13, 2011

I recently discovered an incorporated company using the exact same incorporated company name as mine. I have been incorporated for 5 years and they have been incorporated only recently. I am in the U.S. and they are located in Canada. Is there any legal recourse between countries for two corporations with the exact same name? Thank you for your time.

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
The answer is generally no, unless international law provides an exception. The laws of one country do not apply to another country unless the secondary contrary has signed an international treaty which addresses this issue. The resolution may be expensive and unless it is having some business effect, may not be worth it from a commercial sense. I would suggest contacting an international law specialist or a Canadian lawyer to discuss your concerns. Good Luck
Answer Applies to: Kansas
Replied: 8/13/2011
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
It depends. You first need to understand the distinction between a trade name and a trade mark. A trade name or business name is simply the name under which a company does business. It is quite possible and ordinary for two companies to legally operate under the same name in different countries or geographic entities. Use of a corporate name (or trade name) does not give you any proprietary intellectual property rights in the name.
Answer Applies to: New York
Replied: 7/15/2011
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