The original owner of a business, sold over 10 years ago, has started doing business again with the same name. Is that legal?

Asked about 2 years ago - Lawrence, KS

I am the current owner of a delivery/moving business. I have been incorporated for 8 years now in Lawrence Ks. I bought the business from the man who bought it from the original owner over 10 years ago. After a stint in prison this individual has decided to start his old business again. I have a website and I advertise in every phone book but more importantly my business is know around town for quality. Can I make him change his company name?

Attorney answers (1)

  1. Noel Reese Bagwell III

    Contributor Level 8

    Answered . You should hire an attorney that specializes in Intellectual Property law, specifically with experience in the Trademark / Trade Dress area. If you have the exclusive right, in your market, to use that trade name / trade mark / trade dress, someone else in your market should not rightfully be able to use it. This absolutely is something about which you should speak to a trademark attorney.

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