Legal Question in Business Law in California

Hello,

I am in the process of designing a coupon/advertisement booklet for the area where I live. In my publication, I was planning on advertising for handypersons, contractors, and pool cleaners. However, yesterday when I checked my mail I found a similar publication in my box. My first reaction was that somebody had beaten me to it! While flipping through the booklet I found it to be more of a multipurpose publication than my idea. However, it still includes contractors and handy people, but also restaurants and other miscellaneous businesses as well.

My question is, since there is now a similar publication being advertised in the area, are there any laws that would prohibit me from now publishing my guide? In addition, the publication is from a company called Monthly Coupons www.montlycoupons.com which appears to be a franchise operation, and I am trying to start my publication from home. I just want to make sure that I will not be sued by Monthly Coupons or the franchisee for copying.

I appreciate any feedback regarding this issue since I am on an extremely tight budget.

Thanks,

J


Asked on 3/03/12, 9:06 pm

1 Answer from Attorneys

You have no more to worry about than a local hamburger restaurant has to worry about being sued by McDonalds. Specific trade names, logos, etc., are protected, but the simple idea of selling coupon space in a coupon book to local businesses is completely in the public domain. Just make sure you don't copy any of the exact features of their book, and make it entirely your own, and you are clear. You are also free to solicit the same companies they have as customers, just like Von's is free to try to get you to shop there instead of Ralph's.

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Answered on 3/03/12, 11:37 pm


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