Legal Question in Business Law in Washington

Ok so we have a ghost hunting group and its name is Spokane Paranormal Investigation Team. There is another group called Spokane Paranormal Team. They are registered and lisenced as business and we are just a a group of 3 people that go out and hunt ghost. They are wanting to sue us for our name. Saying its too similiar to theres. But its a different name. Is it possible that they can actually sue us???


Asked on 7/12/11, 4:43 pm

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

As a Franchise Attorney I can only say the following. It's possible to sue anyone for just about anything - the issue is can they win and at what cost? Both names are very generic, descriptive marks - meaning very weak from a trademark standpoint. Besides this factor, who started first? Priority of use is another factor, assuming the mark is strong to begin with. Another factor is where the two marks operate geographically. Ask them to explain why they have a superior right to what is a weak, descriptive name. 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 7/13/11, 6:53 am


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