Business Names

The answer to your question is that you may in fact have to change your name.  This issue depends upon the trademarks that each of you are using, when each was first used in commerce and whether or not either business has sought registration of such mark with the United States Patent and Trademark Office (USPTO).  There is also an issue of whether or not the names are so similar as to cause a likelihood of confusion.  The fact that the name is exactly the same and that you are in the same business means that there is more than likely a likelihood of confusion.  So, it then comes down to the priority as to your marks.  This would requires some investigation as to the relative priorities of each of your marks.  Also, the Federal statute for trademarks, the Lanham Act, does not require registration to establish rights in an unregistered trademark, but would require such registration for prosecution of an infringement action.  So, if the other party has consulted an attorney, they would advise them to immediately seek registration of their mark.  This would mean that you would now have a limited window object to their registration.  There may be other issues involved with this, but this should give you a little guidance. This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.