Legal Question in Business Law in Massachusetts
won incorporation challange with Mass. Secretary of State
I had protested the incorporation of a business that was using my trade name with the Mass. Secretary of State and won the challenge. Her Articles of Incorporation using my trade name is withdrawn. She has 30 days to appeal to a Superior Court. If she does not appeal, how can I have her stop using the name if she continues to do so. What procedures would be recommended? Cease and Desist? What would be the next stop if the Cease and Desist is ignored? I keep getting her calls and inquiries as my trade name is listed and hers is not. I also recently received a insurance damage claim from one of her customers. I am being harmed and my business name sullied by her continuing to operate with my trade name. She also has a website with my trade name. Can I get her to bring down the website along with the links she has on other search engines directing her to my trade name site? She has allegedly signed contracts with customers using my trade name as her corporate name. How do I notify them that she is using my name illegally and am not responsible for her actions, etc. Do I send out a press release? Or do I wait until her thirty days to appeal to a Mass. Superior Court expire, as she violates MGL 156D 4.01. Any suggestions?
4 Answers from Attorneys
Re: won incorporation challange with Mass. Secretary of State
You may bring a civil law suit against her seeking to permanantly enjoin her from using the trade name or otherwise interfering with your business and intellectual property rights. You may wish to examine MGL c 93A to see the applicable remdies available to you for Unfair and Deceptive Acts or Practices (UDAP). The act provides for multiple damages, costs, and attorney fees.
You may also consider seeking advice from a licensed MA attorney.
Re: won incorporation challange with Mass. Secretary of State
Multiple theories of trademark infringement under state and (likely) federal law would apply, in addition to the MA unfair and deceptive trade practices act (Ch. 93A). You should consult with an intellectual property lawyer about your specific rights and remedies. Best wishes,
LDWG
Re: won incorporation challange with Mass. Secretary of State
You have a couple of options here. First, I would trade mark my name at least in MA. Second, if she does not cease and desist, you have to file suit to stop her from using the name in MA.
You will also be able to seek damages for loss of business and or damage to reputation. You should send her a 93A letter as well, once the period of appeal has ended.
If you have additional questions, please feel free to contact me.
Re: won incorporation challange with Mass. Secretary of State
The classic remedy to prevent another person or entity from engaging in illegal conduct, where there exists no adequate remedy at law ( ie; money damages) is an injunction issued by a court of competent jurisdiction.:) Please feel free to contact me direct for a free initial consult based upon the facts of your specific situation.;)
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