Someone has used a logo design very similar to mine and they have the same type of business. Mine has been protected since 2009 their website indicates 2011.
They are in Ca I am in Ma - can I ask them to stop using it?
Answer
If you have trademarked the logo nationally, yes you can stop them from using it.
Answer
As a Franchise Attorney I can say the following. The question and the ideal answer are a little too fact-dependent to be answered without full information and evaluation. For example, how have the parties protected their logos? Was it a state registration, a federal registration or merely common law rights? Are the logos confusingly similar? What were the actual dates of first use and where? Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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