QUESTION

What can I do if my business name and art is stolen?

Asked on Jan 10th, 2014 on Labor and Employment - Georgia
More details to this question:
I owned a buisness years ago, name was for a hair salon. I loved the name and even after closing doors on my hair salon, I thought the name will come in handy for my other buisness down the road because I am an artist so the things I create by hand... The business name I used will work for this also! I was driving on a back road the other day and lo and behold, I came across a business using my business name and it was also a hair salon. I was beside my self in disbelief! It was obvious this person using the business name know that was mine had gotten ahold of one of my business cards because the art work around the name on her salon window was the same as my business card art. I was in shock! Same art, name, everything! I had printed on my business cards in the 80's and early 90's. I had this name for quite a while. It was so obvious to me it was copied from one of my business cards. I wanted to use this name for my new buisness license. Can she take a buisness name that was already in use? It has been some years later. Still I feel invaded, like someone stole something from me! Thank you.
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2 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It sounds like you abandoned the name and mark. However, there may be a possibility that you can use a similar name unrelated to the salon, but you may have to talk with her about it. But really, you need to talk with a local intellectual property attorney to see if your name has been abandoned.
Answered on Jan 14th, 2014 at 12:39 PM

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generally, with names, it is use it or loose it. I do not know how long you have before your rights expire. You should ask an attorney that handles these cases I do not.
Answered on Jan 14th, 2014 at 12:29 PM

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