Legal Question in Business Law in Wisconsin

My grandfather started an insurance agency in 1939 and then my father, now my sister and I own 90%. We have another sister that began a financial business in 1992 with her son that sells insurance based annuities and calls her business the 4th generation capitalizing on the last name stating they have been in business 75 years. Is that legal especially since they are not a satellite office but a separate entity from us the true 3rd generation business?


Asked on 2/04/14, 4:55 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Most things are legal until proven otherwise (unless they are police matters), so you should retain an experienced litigator to review the odds proving yours. Lawyers can always make arguments on both sides any issue, so we could easily present either your argument or your sister's. The outcome might depend upon how carefully you have protected your business with trademarks, etc. Misleading claims to consumers can also support legal relief, although such cases are usually brought by a consumers. A level of what is known as "mere puffery" is tolerated, however, in marketing claims.

Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications or further questions. Otherwise, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www.lawguru.com/answers/search/attorney/jknixon, .

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Answered on 2/07/14, 6:07 am


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