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Business impersonation and exposing negativity

Atlanta, GA |

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.

Attorney Answers 3


  1. Best answer

    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.

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  2. 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.


  3. 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.

    Per the AVVO terms of use and all applicable state and federal statutes, these general comments are provided for informational purposes only and do not constitute legal advice nor do they establish an attorney-client relationship. You should consult an attorney to discuss your specific issues and facts.