Legal Question in Business Law in Utah

I have a Food Brokerage Business headquartered in Utah with a satellite office in Idaho called SALESWEST. A competitor from California has just purchased their way into Utah and Idaho...their name is FOOD SALES WEST. I have registered the name SALESWEST.... Is there any action I can take to keep them from using the name SALES WEST as part of their name?


Asked on 6/01/10, 7:18 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

An attorney will tell you it depends on how each party has protected their brand. When you say you "registered" SALESWEST, what do you mean? Is it registered as a trademark? If so, how? At the state level or federal level. What about the other company - does it have a registered trademark, and what kind? A trademark attorney will tell you the words SALES WEST and FOOD are so generic, they are weak marks and probably can't be protected as trademarks by anyone. Consult with an attorney in your area for specific advice.

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

Franchise Attorney

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

Franchise Attorney

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Answered on 6/02/10, 6:57 am


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