Legal Question in Business Law in Pennsylvania

Business trade name

I have a company that I started called Paint Pros Of NEPA. Another company aprox tem miles away has two companys with simular names. Paint Pros Inc. and Paint Pros the painting Pastor. He had a law firm send me a request to stop using the name because it is deluting his business. He may or maynot have used the words Paint Pros first. How can I stand my ground or do I have to change my name.


Asked on 2/20/09, 5:34 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Business trade name

You asked about defending a similar trade name.

Your question is actually pretty complex. And your response should be determined by how much you have invested in your name.

Arguments could be made that the names are descriptive and therefore not subject to protection, and that yours is easily discernable from the other name(s).

Alternatively arguments can be made that your name is unfairly capitalizing on the other marque's good will.

Better than an all out fight is some sort of an agreement. You should contact an attorney that will work with you to arrive at a reasonable and cost-effective solution.

Regards,

Roger

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Answered on 2/20/09, 8:40 pm


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