Legal Question in Business Law in California

Business Name Rights

I was forced out of business by a new landlord in 1999 and lost everything. It was a successful Hollywood nightclub that I built and owned for over six years. Had a great following which is substantiated by newspaper clippings etc. and now same landlord is re-opening the space and stealing part of my business name to capitalize on my good name and following. Do I have any legal rights?


Asked on 12/03/01, 11:13 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Business Name Rights

I would say that you do, and that you should interview in person several intellectual-property attorneys in your area. Your actual chances of recovering damages may depend upon how unique your name was in the first place, the degree to which the new name is copycat, and possibly upon the provisions in your expired lease. On the information given I would put your chances of winning at greater than 10% but maybe less than 50%, but you should present the facts "live" to LA-area IP attorneys for a better opinion.

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Answered on 12/03/01, 1:41 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Business Name Rights

You may have a cause of action for mis-appropriation of business name if the name being used would lead one to believe that it is the same sestablishment. Please call me directly at (619) 222-3504.

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Answered on 12/03/01, 1:45 pm


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