I have an interior design business called Aha! Interiors and am located in Sunnyvale, CA. I have been licensed with the county since 1999 and have a website and yellow page advertisements. I work full time and my business is thriving.
I recently discovered that a new interior design business has opened in Sunnyvale with the name of Aaahh Interiors and is registered with the county since November of 2006. I am very concerned that there will be considerable confusion among the public with our two businesses having such similar names, especially since we are in the same city.
I have the name of the business owner, but nothing else. I cannot find any web presence and they are not listed in the phone book. I am not sure how to contact them. I am also not sure if I have any legal rights regarding this problem. Any information or suggestions you would have would be helpful!
2007-02-11 10:05:53 · 8 answers · asked by lavender-chartreuse 2 in Business & Finance ➔ Small Business
If I do have recourse, what steps should I take to fix this? And how do I contact these people if I cannot find them in the phone book or on the internet?
2007-02-11 10:10:49 · update #1
Contact a trademark attorney. Even though you don't have a trademark (or at least it doesn't sound like you do), you should still have Common-Law or first use rights to the name. First use is a bit trickier since it typically extends to more exact names whereas having the trademark rights to the name extends to the exact name & can extend to anything confusingly similar.
Where did you find this information? In other words, how did this company come to your attention? Since you don't have much to go by, I'd suggest doing a search on the name of the owner & on the address.
Hope that helps! I wish you much success & happiness in all your ventures!
2007-02-13 06:33:19 · answer #1 · answered by TM Express™ 7 · 0⤊ 0⤋
If your business/trade name is a registered trade mark, then you can do something about it. Otherwise, there is not a whole lot that courts will do for you in this case, if you chose to sue; you'd just be wasting your money on lawyers. If you want to you could still register the name Aha! as a registered trademark, then you can have legal claim and exclusive rights to the same, so that anyone trying to use a similar name within you industry would be preventing from doing so because it's your trademark.
2007-02-11 18:14:30 · answer #2 · answered by Muga Wa Kabbz 5 · 1⤊ 0⤋
I am not sure who you can contact, maybe the Chamber of Commerce in your area would be a start. Also, you may need to call a lawyer that specializes in business. A lot of times they can talk to you on the phone and give you really good answers without an appointment; others give a free first time consultation. I would start there - I am a small business owner myself and I can see where that could be a big problem.
2007-02-11 18:10:55 · answer #3 · answered by Denise C 3 · 1⤊ 0⤋
The guy's a creep and did that to place over you in listings (I would expect to see him soon in the yellow pages if I were you). Even if your name were legally protected his is a different spelling. If I were you I would write a letter in the local paper and nicely say what a rotten thing he has done. If it is printed, enlarge it and post it on your storefront. Just never mention his exact name and legally you should be O.K. Also post what happened on your home page accompanied by something to the effect of ''Often copied, never duplicated!''
2007-02-11 18:17:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You need to consult an attorney. Yes, you probably do have a claim, but you will need to take them to court for a ruling. See the source link below for a lengthy article that includes much, much info on this issue.
2007-02-11 18:14:19 · answer #5 · answered by pookyjo2 4 · 1⤊ 0⤋
You can totally sue them. For example you can't start marketing a new drink called Pepsee. You need to get a lawyer and he needs to send a formal letter to them requesting them the change their name. If they don't you will have to get them in court.
Here's a great thing for you, though. YOu can't contact them, right? Well if you can't, then the public can't. So until you can find them, no one else can either.
2007-02-11 18:11:21 · answer #6 · answered by Angry Guy 2 · 2⤊ 0⤋
It sounds like someone is trying to scam some of your business by misleading people into thinking that they are in fact you.
I would talk to a lawyer about it.
2007-02-11 18:11:02 · answer #7 · answered by Anonymous · 2⤊ 0⤋
I believe you have recourse as the name consists of mostly the name of your business
2007-02-11 18:08:02 · answer #8 · answered by Mystee_Rain 5 · 1⤊ 0⤋