Legal Question in Business Law in Florida

copyright infringement

If someone uses the singular version for a business name and provides the same services as the already established business with the plural name. Are they breaking any laws? For instance McDonald Hamburgers versus McDonald's Hamburgers


Asked on 7/25/07, 1:00 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: copyright infringement

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Absolutely. They can be sued and forced to stop immediately. Additionally, the party who has been infringed upon can seek damages.

Scott R. Jay, Esq.

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Answered on 7/25/07, 1:44 am
Paul Aiello Bennett Aiello

Re: copyright infringement

This is an obvious violation of the Lanham Act, the federal law that protects trademarks and tradenames from interference. Even assuming there was no trademark or tradename, this also constitutes unfair competition in that the closeness of the two names is likely to cause confusion among customers.

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Answered on 7/25/07, 8:27 am


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