Legal Question in Intellectual Property in Arizona

recently i started a non-profit organization and was granted a company name,soon after that i recieved an e-mail from someone with a project on their organization telling me i stole their name (both names were exactly the same). well after that they put a service mark on the name and told me to remove the name from my website. my question is wether who has the rights to the name since my business name has been incorperated with that name and they have put a service mark on the name. i was granted the name by the commitee before they put the service mark on the name. thanks.


Asked on 5/28/10, 10:58 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

A trademark attorney will tell you there's not enough information to answer your question. What services are both parties providing? Who started using the mark first in time, and in what geographic areas? Has the service mark been registered, and if so, at the state or federal level. These are all questions an attorney needs to answer your question.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 5/29/10, 7:09 am


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