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Being Threatened with Cease & Decist

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rinmul

Junior Member
CAL-I just received a C&D letter from an attorney threatening to sue us if we don't change our name within 7 days. Apparently there is another company, which does a similar business, name very closely to ours. The problem I think we have, is that I know the two owners of the other company, from about 13 years ago, but at that time their name was a different company. I didn't even think about them until now. We have already incorporated in CA about 3 years ago and changing would be very difficult, however, due to the current economy, hiring an attorney isn't so easy either. I plan to contact them directly to discuss options, but wasn't even sure if that's a good idea without counsel.What is the name of your state (only U.S. law)?
 


quincy

Senior Member
It is up to you to defend the use of your company's name. How you do this is up to you.

You can certainly, on your own, try to work out an arrangement with the other company which allows you to continue using the similar name for your company, or you can wait to be sued by the other company over your continued use of the similar name and wait to defend your use in court, or you can change the name of your company now, to avoid a lawsuit altogether, if you believe the company will follow through on their threat to sue and you fear you might lose such a suit.

Having an attorney go over all of the facts of your situation is certainly the wisest course of action you can take and the one I advise you taking. You could hire one now to handle the matter for you, or you can wait to see if you are, in fact, sued - in which case you would be wise to hire an attorney then.

What you decide to do really depends on how much you value keeping the name of your company the same, and how much you wish to defend its use, out of court or in court.

Good luck.
 

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