There is a lady who operates a similar Business as mine. At times she impersonates as our Business and also says negative things about our business before the customer comes to see us. Please keep in mind, we have customers specifically looking for us and mistakenly end up at the lady's business. This has been going on for two years. Is there anything we can do for her to stop? We are in the same building and continues to indirectly hurt our business. Please help.
Divorce / Separation Lawyer
Hopefully when you set up your business you did it right and retained an IP lawyer who registered trade names, business names, service marks, trademarks and so on. If you did that right, your IP lawyer should be able to force the activity to a stop and maybe even get damages. If you left out that step you have a mess and may have no solution. You'll still need to talk to an IP lawyer with details, but what you did right (or neglected to do) will affect what you can or cannot do.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer unless you sign a retainer agreement). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. State bar rules require that I disclose my name/contact information in any communication (Glen Ashman)
1 found this helpful
5 lawyers agree
Intellectual Property Law Attorney
The question or request leaves out the "thing" or "condition" that leads to confusion between the two businesses. Are the store/business names similar or the same? What is it that confuses the consumer. The matter of Consumer Confusion is precisely the purpose of Trademarks in not being similar in sight or sound for similar products or services. You need an Intellectual Property attorney with Trademark experience.
My comments have been made without discussion. An attorney client relationship has not been established. There may be conflicts which prohibit my providing you with specific legal guidance. Any contact with you beyond these few general words will start with a disclosure of opposing parties so that a conflict check can be made. You should discuss with an attorney.
Patent Application Attorney
You describe what might amount to commercial disparagement, slander, unfair business practices and possibly trademark infringement. These and other potential causes of action may be sufficient to put a stop to her actions, but further delay may hamper your remedies. A few minutes with an IP/business litigation attorney to discuss your specific facts would be worthwhile.
Best of luck.