If there is a business named taco cabana, and I name my business beach buds taco cabana, can I get sued?

Question

If there is a business named taco cabana, and I name my business beach buds taco cabana, can I get sued?

Answer

You can always get sued. The questions are: 1. the likelihood of a lawsuit and 2. the merits of the lawsuit. A legal matter is an infinite layer cake based on an indefinite number of facts, some unknown, one of which can change the outcome.

More specifically the answer to your question depends on whether they have adequate ownership and IP protection or not. That requires info and research re their use, where and when - and your use, how & when,etc.

You really should have a consultation re this (we charge $420 and apply to future work) because the last thing you want to do is to put your time, effort, love and money into a name and business identity that you can't keep. This is a DISASTER after you have opened because you lose your Brand and your customer following.To quote myself - video Online -you can have a million dollar brand unprotected. Think Yellow Pages. And, in many ways, your identity IS your business. think McDonald's versus Brand X.

The smart approach is to have us build a legal brick house around your company and its tradename, trademark, content, and other intellectual property, e.g. menu, website, so that you can be the one who can write the "Demand letter from Hell" (which we write) or sue them, not vice versa.

Law Offices of Donald W. Hudspeth, P.C.

3030 North Central Avenue, Suite 604

Phoenix, Arizona 85012

Direct [email protected]/* */

[email protected]/* */

Firm [email protected]/* */

Ph 602.265.7997

Fax 602.265.6099

Web site www.azbuslaw.com

Follow us on Twitter at DonaldWHudspeth

Answer

As a Franchise Attorney I basically agree with the other attorney answer. The answer depends on a number of factors, including (1) the extent to which the other company has protected the name "Taco Cabana"; (2) whether the types of goods sold and customers are similar or identical; (3) geographic scope of coverage by the respective parties. 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