Legal Question in Business Law in New York

Re: Business name with D.B.A.

If they refuse to change the name you are going to have to sue them.

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Re: Business name with D.B.A.

If your customers are confused and you used the mark first in your geographical area, you may have superior rights under the common law. I was not sure whether you registered your mark federally, which would give you additional rights.

A strong lawyer's cease and desist letter might get them to change. Otherwise, you will have to sue them for infringement, etc. It is important that your claim/rights be fully analyzed before undertaking any legal action. This can only be done through an interview and a review of relevant records.

Feel free to call me to discuss.

This answer is for informational purposes only and does not constitute legal advice.

Re: Business name with D.B.A.

Presuming you have already sent them a demand notice by certified mail, return receipt requested, to discontinue the use of your name, as being confusingly similar, and they are operating in the same or similar business, you should retain a competent attorney familar with trademark infringement and sue them. This also presumes you had first registration rights. You should be successful in getting a Court to order their discontinuance of the name, the publication of some sort of advertising that they are not affiliated with your firm, plus actual damages, if you can prove loss of business, and possible punitive damages. Good Luck.