Fictitious name rights

Discussion in 'Use of the Law Forum & News' started by Bgiehl, Oct 10, 2015.

  1. Bgiehl

    Bgiehl Law Topic Starter New Member

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    Hello,

    I have a small photography business. I wanted a name change. After months of thinking and searching for available names, I finally found one that was available. The domain name was not taken, nothing on Google, no state registration. So I went for it on September 18th. Changed my Facebook and bought the domain. Received a message on October 9th. The gentleman we will refer to as "Mr. B", sent a message saying he registered the name and I need to change it. Our businesses are in the same state but hours apart. They contain one word of the same. I checked the registration again and he in fact registered on October 8th. He admitted not wanting to actually do business under that name, just didn't want me having a similar name.

    I have read mixed information online. I need to know if I have any rights since I advertised with the name first?
    Is a fictitious name mean exclusive rights?
    Can Mr. B file a complaint?

    Thanks in advance
    Becky
     
  2. army judge

    army judge Super Moderator

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    Suing is as easy as walking, hiking, biking, or sipping iced tea on your patio.

    Will Mr. B sue you for using a name similar to his?

    Hard to say, but if he does, you simply defend by presenting your side of the story to the judge.

    Or, you could simply choose another name, if you are risk averse.
     
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  3. Bgiehl

    Bgiehl Law Topic Starter New Member

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    Thank you. Is the fictitious name exclusive rights?
     
  4. army judge

    army judge Super Moderator

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