Legal Question in Civil Litigation in California

Usage of a Trade name on the internet by an out of state company
I own a company in Ca. There is company in Georgia that is advertising on the internet using my,and other companies names, selling the same services. This seems to me like trade infringement.
The name they use is registered as a fictitious name owned by my corporation.The name is also extremely similar to the name of my corporation in Ca.The name s used in our industry by companies in this industry generally refer to the geographical name of the area being served.

This pattern by this GA company has been repeated in at least 10 major markets in the US.They have hi-jacked the names of at least 10 other people in this industry.
1) Can I legally request they cease the use of the name.?
2) Can I sue and file for damages?
3)Can a class action suit be brought for deceptive trade practices?

Asked on 10/10/03, 4:50 pm

5 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

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Re: Usage of a Trade name on the internet by an out of state company

If you believe you have what is called a "Secondary Meaning" connected with the name, that is that when people in your industry say that name they mean you. You can stop them.

Answered on 10/10/03, 5:11 pm

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Armen Tashjian Law Offices of Armen M. Tashjian

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Re: Usage of a Trade name on the internet by an out of state company

If you can prove that they are infringing on your copyright or trademark you can send them a letter to cease and desist. I would however, advise you to hire a lawyer to do that as filing the lawsuit will probably be the next thing if they don't stop, and you want to properly coordinate everything. Good luck.

Answered on 10/10/03, 6:44 pm

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