Legal Question in Business Law in Massachusetts

Re: legal actions for having same name as another company

It depends upon your respective priority of use and (if his first use antedates yours) the scope of the other user's rights. You should consult with an attorney to get advice specific to your situation.

Best wishes,

LDWG

Re: legal actions for having same name as another company

Whether the user of a trademark or servicemark (or trade name) can force another to cease using a name will depend upon a variety of factors, many of which are related to the likelihood of confusion.

A senior user (who has been using the name longer), even though no steps have been taken to register a mark with the USPTO or state, may still be able to continue use in the area where they are established, but may be thwarted from expansion of use by a junior user who has "jumped through the hoops" to register the mark federally.

You should contact an attorney to discuss the particular facts and circumstances of your situation in more detail.

Good luck!

Re: legal actions for having same name as another company

This is a case where you definitely need to speak with an attoney. Don't wait.

Re: legal actions for having same name as another company

The michigan company only has the right to the name if it has a trademark for the name that was created before you began your company. If you registered the name in MA before he trademarked the name, he can't stop you from using the name.

Moreover, if you changed your name to slightly he could not stop you from using the revised name as long as no one could reasonably mistake your company name for his.

If you need additional assistance, please feel free to contact me.