Legal Question in Business Law in New York

Corporate name

I have owned a restaurant operating in the same location for 30 years, recently another restaurant opened nearby with almost the same name (i.e. my restaurant ''XYZ'', theirs, ''XYZ Red''. Should I send them a letter of intent to sue, regarding the name, or if that doesn't make them change it can I file in district court myself?


Asked on 11/18/02, 5:11 pm

3 Answers from Attorneys
Michael Paradise Law Offices of Michael S. Paradise

Re: Corporate name

It sounds like you have a strong case for trademark infringement. The process is for a lawyer to write a "cease and desist" letter with a threat of legal action in case the infringer does not immediately change its name to a name not confusingly similar to your restaurant's name. If the infringer disregards your letter, you then should sue him for damages, an injunction and a temporary restraining order. In order to get a temporary restraining order, you would have to show that you will suffer irreparable harm and that you would likely succeed on the merits of your case. If the restaurant is a small business without deep pockets, it would behoove them from a business perspective to change their name. If you are interested in a free phone consultation, please do not hesitate to contact me.

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Answered on 11/19/02, 9:48 am
Walter LeVine Walter D. LeVine, Esq.

Re: Corporate name

Absolutely sue. Even if you did not trademark your name, you have a claim. Not only send a "cease and desist" letter, but sue to have their name changed. You have economic rights in the name and can protect it. Use an attorney familiar with trademarks and tradenames for infringement of the name.

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Answered on 11/19/02, 10:37 am
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Corporate name

Without a lawyer, no one will take you seriously.

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Answered on 11/18/02, 10:45 pm


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