What do I do if someone claims that I have stolen their business name?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What do I do if someone claims that I have stolen their business name?
I make seashell jewelry out of my home; I am not a big business or anything, I just sell them to a local jewelry store that sells them for me. I have nothing registered/trademarked, I just make/sell them as a hobby. I came up with a name, just as a cute little name so people can identify me on facebook or wherever. I just recently had a guy contact me from another state who emailed me this: “My name is Alfred. You have taken my name which I can prove was my original idea with massive amounts of evidence (I’m a graphic designer). I will proceed in legal action if I do not get a response within 48 hours. Good day. By the way, I own all of the social media sites where “X” is said”.
Asked on November 21, 2014 under Business Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Maybe it is time to apply for a business name and see what is available that is similar but not a potential infringement. There are some instances when using the same name is ok, like if you sell drastically different products. Then it may not be infringement. Also, geographic location could make a difference. It may be a good idea for you to take further steps in your business venture to insure there are no infringement issues. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.