Legal Question in Business Law in Florida

Company Name Infringement

We are a small cellular phone sales business. We have independent sales representatives that sell through our company. One of the independent sales representatives has claimed to be a partner in our company (this is untrue) and has now decided to terminate his relationship with the us. Our problem is this: the rep has taken it upon himself to start up his own business using our name "Smart Talking" with one slight difference, he is calling it "Smart Talking II".

We believe this is an infringement of our company name and can lead clients to believe that he is another division/entity of our company. This can cause us to lose major dealerships with major cellular companies. What laws can protect us, can we fight this issue?


Asked on 7/31/00, 3:18 pm

3 Answers from Attorneys
Stephen Verbit Stephen R. Verbit, P.A.

Re: Company Name Infringement

You can definitely fight this. Your company may have protectible trademark and copyright interests under federal and state law. In addition, you may have claims arising under the Florida common law of unfair competition and tortious interference, and the Florida Deceptive and Unfair Trade Practices Act. You may be able to obtain emergency, preliminary and permanent injunctive relief to force this guy to stop using that name. This is something you should act on ASAP.

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Answered on 9/12/00, 8:45 pm
Randall Reder Randall O. Reder, P.A.

Re: Company Name Infringement

The remedy for such situations is to file a lawsuit

and get a judge to order injunctive relief and

award you damages. There are several possible causes

of actions. I suggest you consult an attorney.

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Answered on 9/14/00, 11:47 am
Steven Meyer CPLS, P.A.

Re: Company Name Infringement

This is an unfair trade practice. You should have a lawyer write a cease and desist letter to your former employee immediately. If he ignores it, you have other options to pursue. I would be happy to discuss your situation in greater detail if you'd like to call me. My office number is (954) 746-0000.

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Answered on 9/18/00, 12:38 pm


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