Legal Question in Business Law in Virginia
I started a Wedding Planning and Special Event Business a few years ago. I researched, chose, filed, and registered the Business Name - Accent' Events of Distinction with my County. I received an e-mail from another Wedding Planner today stating that her business name is - Events of Distinction and that it is copyrighted with a trademark, etc., and that I must remove my website, all marketing materials and discontinue use of my Business Name. I cannot believe that my name which is Accent' Events of Distinction is in violation. Please help. I have only been in business for a few years and cannot afford a lawyer. She is a large business with undoubtedly enough revenue and funds to pursue this. Please help.
1 Answer from Attorneys
As a Franchise Attorney I can say this. Copyright doesn't protect a business name. On the other hand trademark does, but it all depends. Where are you located, where is she located, markets served, etc. Did she file a federal trademark application or what? There are just too many variables. Consult with a good trademark or franchise attorney in your area for specific advice. It's time to "afford" a lawyer. You can write it off as a business expense.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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