QUESTION
I bought a buisness 2 years ago names nutrition for life. When i bought the buisness i changed the name to nutrition for life 2.
Asked on Aug 09th, 2012 on Business Law - West Virginia
More details to this question:
Now 2 years later a man from out of state says he trademarked the name nutrition for life and i have to change my buisness name. He said by adding the "2" does not give me the right to use his name. But I was just using the name from the lady I bought the buisness from 2 years ago.
1 ANSWER
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You need to consult with an attorney who practices trademark law. The fact that the parties' two marks, standing alone, are substantially identical does not establish infringement. The attorney would need to understand when your predecessor in the current business began using the mark, what the companies' respective products or services are, whether they compete with one another, etc. If you want to speak about this on a professional basis, please call my office at (203) 399-1320 during business hours.
Answered on Aug 09th, 2012 at 3:44 PM