Legal Question in Business Law in North Carolina

Can another business start using a similar name as my corp. name?

My son-in-law is a chiropractor in Charlotte, NC, and 1.5 yrs. ago he incorporated with the name of ''Chiropractic Fitness'', and has a good practice in the South Park area of Charlotte. This week he discovered another chiropractor is using the name of ''Chiropractic Fitness Center'' and has set up practice in the same area at a gym that Craig, my son-in-law, holds seminars and teaches CE classes for professional trainers. How Craig found out was one of his clients mentioned he liked the big banner Craig had outside the gym. Craig does not have a big banner outside that gym. Craig has contacted his attorney that did his corp. paperwork. No response yet. My husband and I have invested quite a bit of money in his start-up and we want to look out for our financial interests, plus, our daughter and Craig's professional interests. Should we send a letter to cease and dissist the use of that name or anything like it right now to see if he will voluntarilly change his name or do we just start a lawsuit? Does the other Dr. have the right to use a name so similar to Craig's? Thanks


Asked on 8/30/06, 12:43 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Can another business start using a similar name as my corp. name?

Whether the other chiropractor would be permitted to use the name would depend on a number of factors, but based on your post, it would seem unlikely that they could. You should send a cease and desist letter to the other chiropractor before filing suit in order to get real damages. You would also need to register the trademark in order to sue.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 8/30/06, 12:49 pm


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