Legal Question in Business Law in Florida

what can i do when a competitor in same uses my company (slightly different) name for a new corporation.

The name of my company is First choice communications

The competitors new company is 1st first choice communications inc.


Asked on 11/09/09, 2:39 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It is a Trademark violation. If you have not registered your trademark, you should do so. If you have not, it is still a common law violation.

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Answered on 11/14/09, 2:49 pm
Sarah Grosse Sarah Grosse, Esquire

Umm... it is not quite as simple as Mr. Wagner projects it to be. A business name may be a trademark, but not necessarily. It also depends upon first use dates, enforceability of the trademark, and other factors. "First Choice Communications" may be descriptive and not protectable as a trademark absent a showing of secondary meaning through usage and recognizability to the consuming public.

I suggest you have a trademark attorney have a look at the matter to get a better picture of what to do next. I am a trademark attorney and would be happy to evaluate your case and render an opinion for a reasonable fee. Feel free to email me for a free phone consult and possible representation in this matter.

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Answered on 11/14/09, 3:40 pm


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