QUESTION

I own a business in a small town in Oklahoma, a boat shop, *** Marine. We have been established here for at least 15 years.

Asked on Jan 04th, 2012 on Business Law - Oklahoma
More details to this question:
Not even a mile from my business another boat shop opened called "The Boat Shop." Is that not some sort of willful infringement?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Your question does not contain the full name of your business, but I do not understand it to be confusingly similar to "The Boat Shop." Accordingly, the newcomer's name would be non-infringing. As a general matter, a purely generic name such as "the cookie bakery" or "the car repair place" is not capable of distinguishing a business, and therefore will be difficult to establish as infringing any rights.
Answered on Jan 04th, 2012 at 1:28 PM

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