QUESTION
Can someone use a name very similar to my current business name and be only a few miles apart in distance?
Asked on Oct 07th, 2013 on Business Law - New Jersey
More details to this question:
We were a tenant in a building and our lease was up and we moved to a new location about a mile away. Our business name is "Quality Provisions" (food distributor) our old landlord which we purchased the business from is going back into business as a food distributor using the name "Quality Food DIrect" and this is confusing my customers. Is this legal. We are located in southern New Jersey.
1 ANSWER
Did you have a written agreement with the landlord/seller of the business? did that agreement have any restricition on seller going back into the business? what were the restrictions? If seller is in violation, then can restrain his operation of business.
Is the name of the new business such that it creates a material risk of confusion? If so, you may be able to restrain the use of that name that creates the confusion. Very fact sensitive issues that need to be explored. How will you prove the confusion, if that is the claim? Need independent witnesses who are willing to appear in court and testify.
Answered on Oct 08th, 2013 at 10:30 AM