Legal Question in Business Law in New Jersey

There is a business down the street to me that has a similar but different name than my business. Although the owner has been in business longer, he is using a name which is currently revoked because the owner did not file taxes for 2 years. Now its almost 4 years since they stopped filing taxes and the status of the corporation is "Revoked" with the New Jersey Department of Revenue.

The owner, although apparently operating with a revoked license, is threatening to sue me because I opened up shop 2 months ago and chose a similar name to his business.

Does he have the right to sue for for a similar (but non-trademarked) name even though the NJ Dept of revenue has given the business revoked status?


Asked on 7/14/11, 1:26 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can tell you the following. Trademark rights are entirely different from business licenses and failing to file taxes. And trademark rights arise on use; a trademark does not have to be registered. The more critical issue is likelihood of confusion. Whether the two businesses sell to the same customers is an integral part of this important issue. Consult with a good trademark 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 7/14/11, 1:35 pm
Robert Davies The Davies Law Firm, P.A.

He wants to play rough, eh? Call me, and let's see what can be done.

I can help you with this. And I will tell you up front what it will cost to do this for you.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

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Answered on 7/14/11, 2:08 pm


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