QUESTION
can someone sue me or ask me to change my business name if we both have it regestered under the state. Neither is regestered under a tradmark.
Asked on Dec 24th, 2011 on Business Law - Minnesota
More details to this question:
We both have small businesses in the same town. one is called clear photography and the other is called clear image photography. Her last name is clear and claims she has rights because it is her last name. what do you think?
1 ANSWER
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As noted in the response to your prior framing of this question, the law of trademark favors the "senior user" of a mark. Trademark law protects marks which are unregistered. Accordingly, you need to consult with an attorney regarding your rights.
Your question asks if someone can sue you. The answer to this question is always "anyone can sue anyone for anything" You should consult an attorney about your rights.
Answered on Dec 25th, 2011 at 10:47 AM