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Danilo_G
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Discussion » Statements » Rosie's Corner » Suing someone for NAME INFRINGEMENT when the name is that of the OWNER of t he business should be illegal. Why isn't it?
RosieG

Suing someone for NAME INFRINGEMENT when the name is that of the OWNER of t he business should be illegal. Why isn't it?

Why shouldn't you have the right to use your own name however you wish?

Years ago in a Riverside town center we had a shop called SEE'S COFFEE ROASTERS.  The owner's name was OBVIOUSLY See. Well guess who presented her with a Cease and Desist Order and won? SEE'S CANDY COMPANY! How can it  possibly be legal to be sued for USING YOUR OWN NAME? What does coffee roasting have to do with chocolate candy? I don't get it . So who among you are gonna defend the suer? Why?

Posted - February 5, 2019
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Responses


  • 6023
    In general, the business types have to be close.
    In this case ... coffee (food) and candy (food).

    If he had been running a real estate company, the court would have probably ruled against See's Candy ... because no reasonable person would link the two.

    Of course, if See's Coffee was as large as See's Candy ... they probably wouldn't have bothered, since they coffee shop would have been able to afford just as many lawyers as the candy company.
      February 5, 2019 3:19 PM MST
    1

  • 113301
    She only had the one shop to my knowledge Walt. Thank you for the explanation. I guess it makes sense but it still galls me! You lose title to use of your own name! Isn't that insane? Weird? Bizarre? Peculiar? I wonder if that's true only in America!  :)
      February 6, 2019 1:41 AM MST
    0