QUESTION
Can another business take our phone number away from us?
Asked on Sep 12th, 2013 on Litigation - Idaho
More details to this question:
We received a registered letter from POPALOCK demanding we change the name of our business that we have had for almost 7 years. We are in the process of changing the name but they said we had to transfer our phone number to them or disconnect it. Can they take our phone number away from us? We have had the number longer than it was used for our business.
10 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Normally they cannot. However, if for some reason, they own the rights to the number it is possible. If they obtained ownership of your business, they may have a right to use the number that has been associated with the business.
Answered on Sep 18th, 2013 at 3:08 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I need more information however, if you had the phone number first, and have had it for some time, I don't believe.
Answered on Sep 17th, 2013 at 2:00 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Cant imagine how they would do that unless your name is similar to their s and they have been using it longer or unless they have some rights to its use that you don't.
Answered on Sep 17th, 2013 at 1:54 AM
I assume that your number spells out a version of "POPALOCK", which is the reason that the business wishes for you to discontinuing the number. However, much like domain name addresses, the "name" is not what the system actually recognizes, rather it only recognizes the actual numbers associated with the line. As such, there is a split of opinion of whether the number could be a "trademark infringement", assuming that the opposition is claiming a trade mark claim. If however, the number is listed merely as a number, or uses unassociated letters, then there is relatively little grounds to them removing your number.
Answered on Sep 17th, 2013 at 1:51 AM
Thomas Edward Gates
They are claiming that since the phone number has an association with the business name, you are impinging on their trade name. I would talk to an attorney on whether you need to change your name or drop/give them your phone number. You can have similar names if the two business are so different that no one can mistake one for the other.
Answered on Sep 17th, 2013 at 1:50 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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This is obviously a serious matter and you should consult with an attorney. You have not provided enough information to answer you question. I had a case years ago where a business intentionally was trying to divert customers away from my client to them. As part of our settlement, any calls that went to them they were required to refer the customer to my client for 1 year. I am not aware of any basis to require you to transfer the phone number, but you need legal advice since your number can be very important to the survival of a business.
Answered on Sep 17th, 2013 at 1:44 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No they can't. This is a scam. Instead of looking for free advice on a website you should hire a business lawyer in your area to write a cease-and-decist letter.
Answered on Sep 17th, 2013 at 1:40 AM
James Edward Smith
Probably. It's an infringement.
Answered on Sep 17th, 2013 at 1:38 AM
Ronald A. Steinberg
Talk to a business lawyer. In Michigan, if you register the name of the business with the State (a corporation or LLC) or with the County (a d/b/a), then the name is yours, as well as the phone number. If you did not take steps to register the name, you may have a problem.
Answered on Sep 17th, 2013 at 1:34 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't think so, but you need to talk with a local attorney about it. It may be a letter from the attorney in response will stop the harassment.
Answered on Sep 17th, 2013 at 1:32 AM