Businesses spend large sums of money marketing and advertising their business through the use of names to identify themselves and set them apart from their competitors. Often, new or startup business will attempt to pirate the names and recognized styles of existing businesses in order to take advantage of the customer base that an existing business has established through marketing efforts.
Attorneys at Teague & Chambless, LLLP have represented many businesses in disputes over whether a company owns rights to exclusive use of a business or trade name in Georgia.
Trade name disputes can arise under Georgia common law, and rights arise even where a company has not registered a business name on the local or federal level. Statutes also protect trade names under both federal and state laws.
The law in Georgia is strong in protecting trade names. Georgia courts will stop competitors from stealing a company's name provided prompt action is taken.
Teague & Chambless, LLLP has represented clients on both sides of trade name disputes, including cases where a new business has chosen a similar or confusing name, where a company has copied the colors and other identifiers developed by a business, or where a client has copied other aspects of a competitor in order to gain an advantage in a marketplace.
The types of clients that attorneys at this firm have represented in trade name disputes include a nationally recognized restaurant, restaurants recognized across the Atlanta area, residential builders, and financial service companies.
It is particularly important for companies to be aware of the issues that arise in connection with the use of trade names. Litigation over these disputes can be costly and the law often provides for an award that includes the disgorgement of profits and reimbursement for attorneys' fees by the losing party.
