Legal Question in Business Law in Colorado

Re: Can people use a domain name with your established business name included?

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Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

DTC Office:

5261 South Quebec #200

Greenwood Village, Colorado 80111 USA

(303) 741-6420

web site http://www.bewellnet.com/louise/

[email protected]

April 18, 2000

Dear Businessperson:

The simple answer to your question is no, the person cannot

"steal" your business name if it is likely to be confused

with yours. However, many factors have to be

considered, including:

1. Is your business name registered?

2. When was it registered and with what government

agencies?

3. Did you check the availability of the name with

a number of sources when you started using it?

4. How distinctive is the business name?

5. Is the name being used by this other party likely

to be confused with yours?

6. And other issues.

My standard approach in a situation such as this is

to write the offender a letter demanding that he/she

stop using the name, citing some dates, data,

Colorado statutes and case law.

This often works. If it doesn't, other avenues can be

explored, depending on your budget.

Good luck and feel free to contact me.

Sincerely,

Louise Aron

Attorney at Law

Lakewood Office:

1536 South Ingalls

Lakewood, Colorado 80232 USA

(303) 922 7687

fax (303) 922-1370

DTC Office:

5261 South Quebec #200

Greenwood Village, Colorado 80111 USA

(303) 741-6420

[email protected]

THIS EMAIL MAY BE PRIVILEGED AND CONFIDENTIAL AND IS INTENDED ONLY

FOR THE PERSON NAMED ABOVE. IF THIS EMAIL IS NOT INTENDED FOR YOU,

THEN PLEASE DO NOT READ OR PHOTOCOPY IT. INSTEAD, REPLY TO THE

SENDER WITH "WRONG EMAIL ADDRESS" IN THE SUBJECT LINE. THANK YOU.