Legal Question in Intellectual Property in New York

Re: Someone is using my company name

The major questions are whether you have a trademark on the name, and whether they were in existence before you. My firm generally handles issues such as this, feel free to contact us for a free consultation.

you may reach us at the email adddress provided below or you may call us directly at 2127098303

Re: Someone is using my company name

You have a good case against them if you were first. My firm focuses on Internet and entertainment law.

Re: Someone is using my company name

I can't tell from your answer whether you have a good case or not. For example, Are they in the same "consumer space" as you? Have they trademarked the name? Have they used the name before you? Do they conduct business on a local or national level? One can't just say you have a good case without exploring the matter further. Merely having the same company name doesn't necessarily give you any rights over them. In fact, they may have a case against you!

Re: Someone is using my company name

If you put your personal name into Google, or ZoomInfo, or another Internet search engine you will probably discover that several people share your name. That's not unlawful. Similarly, it is possible that an LLC that has been formed in a different state could lawfully have the same name as your company does. The law regarding business entities provides that two entities formed in the SAME state shouldn't have the same name, but if, say, your LLC is registered in New York and the other one is in California, it would be possible for the two to coexist lawfully.

The problem arises when the companies do business with the public in a way that might lead to confusion among potential customers. If the two businesses are in the same or similar fields of endeavor and market in overlapping geographic areas, and if they do business prominently under the company name, that might lead to such confusion. In that regard, the law of trademarks would come into play. And in trademarks, generally, "first in time is first in right." Because state law regarding trademarks tends to overlap with federal law regarding trademarks, resolving the issues can sometimes be counterintuitive, and it is appropriate to consult with a lawyer who regularly deals in intellectual property issues to help untangle this.