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In Texas, can a company use part of a incorporated name without the owners permission?

Asked almost 3 years ago - Texas

Lets say the comapnies name is Bob's dry goods and emporium, Inc. and another ompany comes in and uses Bob's Emporium. Both companies sell or have the same exact goods and services and are in the same state. What does the first company do?

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Attorney answers (2)

Lu Ann Trevino

Reputation Level 17

Answered almost 3 years ago. Debt / Lending Agreements Lawyer in Houston, TX.

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These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

The first in time and in right owner of the name must send a cease and desist letter to the infringing business. If no agreement can be reached, an application for temporary restraining order with a lawsuit should be filed to get the use stopped temporarily and permanently eventually. There are damages for each day of unauthorized use of the name and other business injury.

You need an attorney to assert your rights.

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Ronald Anthony Sarno

Reputation Level 20

Answered almost 3 years ago. Litigation Lawyer in New York, NY.

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You might be able to sue for trademark infringement. These are not easy suits. Did the first company trademark the name? Did they do it on the state or federal level? Will the similarity in names confuse the public? Will the public assume they are one and the same? In NY and NJ there is a real estate company named Century 21 and a discount dept store with the same name. No infringement there. In your case how many of the goods and services are the same? Are the store locations close to one another? These are the types of issues which come up in these suits.You might find my legal guide on selecting and hiring a lawyer helpful.
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You might find my legal guide on commercial litigation helpful.

Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

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