QUESTION
How could I prevent someone from using my business trade name?
Asked on Aug 25th, 2015 on Patents - Massachusetts
More details to this question:
I have a business in which I have 50% partner (we've been in business for about 8 years). My partner decided to go ahead and open another business, exactly as the one we have, in another state, and he is using the same exact name without my authorization. In addition, he is trying to use the same advertising and marketing materials. Can he legally do that?
2 ANSWERS
If he is opening the business as part of your partnership, you would have a claim on the assets and proceeds from the business, even if you don't agree with his actions. However, if he's doing it on his own, there may not be much you can do since this is all happening in another state. You don't mention what the business does or whether it advertises or sells on the internet and that may influence what actions you can take.
Answered on Aug 31st, 2015 at 5:24 AM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Maybe he can, maybe he can't. Check your contract with your 50% partner. It may allow this situation - or it may be silent on this situation. ONLY if it says that this is forbidden can you likely stop him. You are BOTH owners of the business trade name - 50/50 - so you may not be able to stop this. Hire a good contract lawyer - trade names are tough to protect, as they are covered only by unfair competition laws.
Answered on Aug 26th, 2015 at 8:13 AM