Legal Question in Business Law in Michigan

sued for using a similar company name

I started my home inspections 4 years ago and called it All Pointes Home inspections. Pointe is spelled with an ''e'' because I live in an area called Grosse Pointe Michigan.

Anyway, this week I got a letter from a lawyer saying that his client has a company called All Points Inspections Inc. Again, mine is called All Pointes Home Inspections.

Long story short, they want me to stop using my company name because it is too close to theirs and they were in business b/4 me.

Anyone been through this? What should I do?

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Asked on 7/20/04, 5:06 pm

2 Answers from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: sued for using a similar company name

There are steps you can take to protect your right to use the name. You can trademark the name. You should also incorporate your business. For more info., please call my office at (248)851-3171.

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Answered on 7/21/04, 9:47 am
Regina Mullen Legal Data Services, PLC

Re: sued for using a similar company name

There is little doubt that they have the exclusive right to use their own name and to prevent anyone from using it when the consumer could easily be confused. An "e" is hardly enough to distingush your business, and chances are you knew that they existed when you started business....or at least, that's what they will argue to a court.

If you have actually been sued, offer to stop using the name for $1 in settlement of all claims.

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Answered on 7/20/04, 7:45 pm


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