Legal Question in Business Law in Pennsylvania

I have a small at home "business" with a pretty generic name that includes my first name, followed by Specialty Cakes. I recently had someone tell me that, basically, I had to change the name because it is too similar to their business name. Theirs is Specialty Cakes by their first and last name. I'm not even considered a business. I'm just putting my talent out there and advertising to friends and family. In no way am I out to become a huge business. This other business owner has threatened to contact their lawyer... can they make me change my name?


Asked on 5/29/11, 9:08 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can tell you generic or descriptive names can't be claimed by anyone as trademarks or service marks. Based on what you say, I believe their threat is baseless. A competent trademark attorney will straighten them out, if they bother to pay one. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/30/11, 6:21 am


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