Legal Question in Business Law in Minnesota

Name Simalarities Causing Problems

Ok Our companys Name is T.M. Constructors INC. And we have been in buisness since 1980. In 2007 A company in the same town started called T&M Construction INC. We Filed with the state of mn and won but they cant enforce it. It is getting to be a real problem for buisness accounts, Phone calls, and other. Is there anything that can be done. Its a small town and its making things hard.


Asked on 6/01/09, 1:48 pm

2 Answers from Attorneys
Daniel Reiff Reiff Law Office

Re: Name Simalarities Causing Problems

I presume that you have tried talking to this other company and that it is intransigent. If so, perhaps it is time to consider hiring a lawyer. Lawyers aren't cheap, but they can do some things that might not be available to you.

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Answered on 6/01/09, 1:58 pm
Vincent W. King Vincent W. King, PA

Re: Name Simalarities Causing Problems

Under the corporations statute, a court can under certain circumstances enjoin another company from using a deceptively similar name. There may be other statutory and common-law remedies available, as well.

I checked both names on the Secretary of State's website and both names appear to be in good standing. But, according to the statute, simply because the Secretary allowed them to incorporate using that name does not prevent an injunction from potentially being granted.

Standard disclaimer: The comments above are based on limited facts and should not be considered legal advice. We do not have an attorney-client relationship. That said, good luck to you and let me know if I can be of further assistance.

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Answered on 6/01/09, 2:10 pm


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