Legal Question in Business Law in Wisconsin

Trade Name Infringement

My husband and I own a sign business that has been in existence for 20+ years and has had the same business name for the life of the business. We have established an excellent reputation for our service and products and want to keep it that way. Someone in the same city just open up a sign business with the same name performing a lot of the same services. What legal laws and rights in the State of WI do my husband and I have to defend our established name and reputation?


Asked on 12/10/04, 10:47 am

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Re: Trade Name Infringement

You obtain the rights to use a trade name by becoming the first to use it. While there are exceptions, if you were the first to use it in a particular geographic area and for a particular type of service or products, you would have protection. Generally, providing such evidence to the competing company in a well written letter from a lawyer, pointing out that if the other firm doesn't cease using the name, and injunction and damages will be sought, will do the trick.

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Answered on 12/10/04, 12:36 pm


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