Legal Question in Intellectual Property in Maine
my boss opened a sandwich shop called the legacy to describe one of his sandwiches its called 'the legacy deluxe' because more meat. a sandwich shop across town is suing us for infringing on the word deluxe they say they had it copyritten and only they can use the word in Maine.there are 13 diff places in maine using this word to talk about food we asked them about that and the lawyer said we own the word so we can pick and choose whom we choose to sue if you ask me the whole thing stinks and he is a copyright specialist can you please tell me i was not aware you could own the word deluxe or super deluxe i live here in Maine
2 Answers from Attorneys
It sounds like they are trying to threaten you into changing the name of the sandwich. You cannot copyright a word like 'deluxe'. They may have registered a trademark for their sandwich name, but they would need to prove that your name is infringing on that.
Litigation for this type of thing can be very expensive, but they may be hoping the threat of a lawsuit is enough to make you change.
I would be happy to look at the paperwork to see if they really have a case.
The other attorney is right on point here. No one can claim the exclusive right to a common name like deluxe. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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