Legal Question in Intellectual Property in California

Generally, Yes you can bring a trademark infringement (hopefully you registered your mark with the USPTO) and false designation of origin. The mark does not need to be exactly identical to be infringing, they only need to cause confusion or the possibility of confusion.

These types of litigation can be complicated and costly. Contact an intellectual property attorney to discuss your options.

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

Perhaps.

First, let's note that there are many business names that duplicate one another without any illegality being involved. How many "Joe's Bar" or "Clear Lake Bait & Tackle" businesses do you suppose there are in the USA? How about "The Clip Joint" for a hair salon?

Factors that would tend to lend strength to a suit for name infringement are (1) the name is or could be trademarked; (2) possibility of confusion in the marketplace; and (3) proof of harm.

If a business name isn't ir couldn't be trademarked, a suit for infringement would have to rely upon general principles of unfair competition, usually requiring a pretty strong showing of actual losses and perhaps an intent to siphon away business on the part of the infringer.

Even having a registered trademark for a name is not always a bar to someone else's use of an identical name. For example, just because someone has trademarked "Purple Passion" for a lipstick color (ugh!) doesn't mean someone else can't trademark a wine with the same name. Trademarks are product-category sensitive.

Further, incorporating under a certain name, or registering a domain name, has only a slight effect in staking out turf for exclusive rights to the name.

Finally, names that are only generally descriptive are less likely to be protected than names that are highly imaginative. "Foot Long" for a sandwich shop is less likely to qualify for a trademark than "Quiznos," for example.

So, in your case, you should evaluate the strength or weakness of your case based on the probability that you can win, and also that if you win your proven damages (and any injunction you get) make the case worth while. Assistance of a local intellectual-property or business attorney would be important. Further, the attorney, in addition to evaluating your case, could write an appropriate cease-and-desist letter with possible beneficial effect.