Do I need an attorney?

Litigation 5 views 3 answers
I have a business named J & Co. Premier Events. I received a certified letter from an attorney stating I have to cease and desist use of "Premier Events". Can this be done I went to my local state business office registered the name and acquired a license to operate. Can you give me some insight?

Attorney Answers

3
Christopher Palmer ·
Registering your business with the State and obtaining a license to operate does not give anyone the right to use a protected trade name or trademark. Unfortunately, I've advised several small business owners who believe that since the State allowed them use a particular name, then everything must be fine. This is not the case and a common misconception. You should speak with a reputable business/trademark attorney as soon as possible. While the Cease and Desist letter may turn out to be nothing (remember, it is only one attorney's opinion on the matter), it can also be the first salvo toward litigation. Be sure to protect your rights and talk to an attorney. Good luck.
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John M McCormickBusiness AttorneyChesapeake, VA ·
I agree with attorney Palmer. It is possible you are violation of a tradmark. My first step would be to consult an attorney who can follow up with the attorney who sent you the letter. This may be something than an attorney can work out with a quick discussion.
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Peter Anthony JabalyBusiness AttorneyAlexandria, VA ·
I agree with Attorney Palmer as well. State registration of your business name does not bestow trademark protection. Only registration of your trademark with the US Trademark Office raises the presumption of ownership and the exclusive right to use the trademark. It may be either that the attorney from whom you've received the cease-and-desist letter represents someone who either has a registration for "Premier Events" or is arguing their use of the mark predates yours. It seems like you aren't using the exact same name, but in that case you'll need an attorney to advise you on whether the use of "Premier Events" in your business name is "confusingly similar." This is a complex question.
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