Legal Question in Business Law in Arizona

My tradename being used by others!

Hello...I started a business by the name of Cartridge World in 2000 out of Phoenix and also registered the tradename name ''Cartridge World'' with the State of Arizona. Since 2001 another company by the name of ''Cartridge World'' based of out Austrailia had come into the U.S. and has just opened the 1000th store in this country, which includes 14 franchises in Arizona in the past 3 yrs. and are doing business as (dba) ''Cartridge World'', are they allow to do business in Arizona under a name which they do not have rights to in the state?

They registered the tradename ''Cartridge World'' at the federal level, am I covered at the state level?


Asked on 1/13/06, 9:24 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: My tradename being used by others!

Thanks for your question.

They registered the name in the federal system when?

Before you registered with the state?

As we see with this example, name protection is more complicated than "first to register" with the secretary of state. There is a federal registry (that's all 50 states, folks), internet web name registries, and common law usage of the name in business.

We need more facts, but the federal registry of the name may make it difficult to get a judge to compel them to not use your name, depending on the facts. I have not researched this question in the law and would have to do so. I advise my clients to search all registries before designing a new name, and to register with all registries once they begin to use a name. Perhaps other counsel has had a case where the federal and state registries conflicted.

Best regards,

James D. Jenkins

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Answered on 1/15/06, 1:17 am


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