Legal Question in Intellectual Property in Massachusetts

I recently became a family child care provider. I named my business "Hidden Valley Kindercare". Recently I received a letter from the lawyers of a large national chain of Child care "learning centers" threatening to9 sue me if I do not change my name. Is this legitimate?


Asked on 5/21/11, 10:33 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. As you probably know at this point, "Kindercare" is a federally registered mark, giving the owner substantial legal rights. Just placing the words "Hidden Valley" in front of the mark is not enough to give you a go-free pass. It would be like calling a business Hidden Valley McDonalds. Get the picture? Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/22/11, 8:20 am


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