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south

Senior Member
Los Angeles County California

An outdoor storage parking business we will call StorageA was opened about two years ago 16' signs were put up advertising was run and business came in.

The next door neighbor after two years of watching the business grow decided it looked like an easy business so they turned their yard into a storage yard we will call 'StorageB' they put up 'identical signs with same writing same wording even same material and set up so as to confuse customers for/of the 1st yard into thinking they were the same people or to confuse people into going to them when coming to visit StorageA.

When you call StorageB they use the same identical sales pitch as the 1st storage yard StorageA and the same rates..

When you call StorageB and say are you the same company as StorageA we are trying to reach them they say yes just come down and pull into our entrance.

StorageB will also run out into the street and wave down StorageA customers and state come to us we can offer you a better deal.

StorageB will also run out into the street and direct delivery people to drop of very large units in their storage lot that are destined for StorageA stating you are going to wrong yard. (Once these units are dropped it is too costly to come back and move them presents no end of problems)

Are there any grounds for any sort of suit here such as harassment confusion/impersonation etc or other possibility law suits against StorageB?
 


quincy

Senior Member
Storage B, the second business, is infringing on the rights of Storage A, the first business. This is not a defamation issue, but a trademark rights issue.

I suggest that Storage A locate a trademark (or Intellectual Property) attorney and look into bringing suit against Storage B.

Trademark law addresses problems that occur when businesses use similar names or logos, and/or operate in the same geographic area, and/or provide similar goods or services. The first business is usually considered the "owner" of the rights to a trademark, being the first business to use a particular identifier for their goods or services. The second business can be prevented from confusing consumers through their use of similar marks.

Storage A also has the good possibility of bringing an "unfair competition" suit against Storage B.

In addition, Storage B is potentially violating copyright laws by using signs, wording and advertising that is substantially similar to that of Storage A.

An IP attorney can handle all issues for Storage A.
 

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