Legal Question in Business Law in New Jersey

Thank you for your LawGuru question. It could be fraud if someone (other than you) relied upon the misrepresentation and as a result suffered harm. You may have a claim of identity theft or the like. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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As a Franchise Attorney I can add the following. If it's just a business name that's the same as your business name, the issue would be trademark or service mark infringement. There are numerous factors that determine who has superior rights - such as filing a trademark registration, whether it is a state or federal registration, priority of use and other factors. 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