Is there any legal copyright recourse between countries for two corporations with the exact same name?
I recently discovered an incorporated company using the exact same incorporated company name as mine. I have been incorporated for 5 years and they have been incorporated only recently. I am in the U.S. and they are located in Canada. Is there any legal recourse between countries for two corporations with the exact same name? Thank you for your time.
Answered By: Intellectual Property Center, LLC
The answer is generally no, unless international law provides an exception. The laws of one country do not apply to another country unless the secondary contrary has signed an international treaty which addresses this issue. The resolution may be expensive and unless it is having some business effect, may not be worth it from a commercial sense. I would suggest contacting an international law specialist or a Canadian lawyer to discuss your concerns. Good Luck
Answer Applies to: Kansas
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Kansas
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Barton Barton & Plotkin
It depends. You first need to understand the distinction between a trade name and a trade mark. A trade name or business name is simply the name under which a company does business. It is quite possible and ordinary for two companies to legally operate under the same name in different countries or geographic entities. Use of a corporate name (or trade name) does not give you any proprietary intellectual property rights in the name.
Answer Applies to: New York
Replied: 7/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 7/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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