Legal Question in Business Law in California

Re: infringement on business name use

Definitely!!! You should tell them to Cease and Desist from using that name...and should try to workout some deal with them. Take alook at my site www.lawyers.com/amyghosh

Re: infringement on business name use

It depends, your best bet is to sit down with the shop owner, review any lease provisions and work out a deal. If you are in the area, I would be willing to conduct the meeting and draw up any potential agreements.

Re: infringement on business name use

Parts of your claim are potentially enforceable or protected by law; other facts you mention do not appear to give rise to enforcement possibilities. For example, while your process or technique may have been (and might still be) patentable, you have not attempted to patent it, so you have no legal protection of that sort.

Trade secrets are also protected under the common law as well as California statutes, but you have not attempted (as far as I can tell) to maintain any secrecy about how you do this straightening, and that erodes your case.

On the other hand, you do appear to have some enforcement possibilities under trademark infringement principles, and probably on breach of contract and/or tortious interference with prospective business advantage and related theories.

It is really difficult to assess your legal chances or to give you very concrete advice without an interview and reading any contracts or leases you have and your trademark, etc. application. It could be worth your while to seek a free initial conference with a local attorney that handles business torts. Trademark infringement suits, on the other hand, can be very expensive to litigate. Your best strategy may well depend upon how much financial harm you can prove to a jury. If the shop's actions can be shown to amount to fraud, malice or oppression, perhaps you could ask for punitive damages as well.

In sum, your case seems to have some merit, but it is not rock-solid nor necessarily one where you can count on a good financial outcome. You should therefore also consider a negotiated or mediated settlement.

Re: infringement on business name use

Your situation really depends upon the specific facts of your case, which can only be determined and evaluated from a more detailed discussion. As one of the prior attorneys suggested, you should seek an initial interview with a local attorney to discuss the matter further and get a better assessment of any case you may have.

Re: infringement on business name use

If you believe they have commercially benefited from use of your name then you may be able to bring suit for the profits gained by unauthorized use. If you were economically damaged by the unauthorized use of your name, then you may bring suit for the damages and an injunction to stop it. Call me directly at (619) 222-3504.