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Posted Feb 2nd, 2012
When two business are using the same business name, serving the same geographical location, and
performing the same service, what can be done.

Additional Details:
approxamately 9 months ago, we formed a LLC through the state of Illinois and have been selling
under our name since. Just recently we found through a google search another company with the same
name. They perform the same service we do and are approxamately 15 miles from our location. They
are not a LLC or a corporation through the state of Illinois, and we are currently checking the
county they are in to see if they registered with them a DBA. is there anything we can do about
this. We do not know how long they have been around and they only have a residental address
listed as their business adrress.
Legal Topic Area: Business Law in IL

This dispute is governed by the law of trademark. As a general matter, the "senior" user of a trademark has the right to exclude the "junior" user from using the mark in a way that is likely to cause confusion among consumers of the service. An attorney who specializes in trademark litigation can assist you.


Answered on Feb 2nd, 2012 at 6:24pm