Legal Question in Business Law in Florida

Cease and Desist

I have a web-based (world-wide) business, and I've discovered someone else starting up a business, with the same name (only the letter s, makes it different). I'm registered in California, the other business is in Florida, although I don't know for sure if they've actually ''registered as a business'' or just started a website. Question is, can I send them a cease and desist order, because their business is potentially going to harm my existing business? Of course I'm livid, but what action/legal advice can you give me please.


Asked on 6/05/04, 3:42 pm

3 Answers from Attorneys
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Cease and Desist

In addition to the foregoing advice from other attorneys, you may want to consider registering your service mark at the federal level (assuming you have not already done so?).

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Answered on 6/08/04, 6:49 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Cease and Desist

Are they marketing the same product or service so that there can be consumer confusion as to who is doing what? If so, a cease and desist letter would be appropriate. Send it certified, return receipt, and keep a copy, of course.

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Answered on 6/05/04, 7:33 pm
Randall Gilbert Gilbert & Caddy P.A.

Re: Cease and Desist

I represented a jewelery exchange and just sent a cease and desist letter along with a copy of a 7 count complaint for the exact same thing. The imposter company changed the name and destroyed all similarities and likenesses. Obvously I would need more facts, but since the work is already done, it would be a lot easier for me to send everything out on your behalf should you choose to use my assistance. But a threatening letter is defintiely the first step.

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Answered on 6/05/04, 8:40 pm


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