Can a company use our company name to solicit business?

UPDATED: Sep 12, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 12, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a company use our company name to solicit business?

We have been contacted by clients and subscribers accusing us of selling our lists to another company. This other company is sending an e-mail with our name in the subject line as well as using our name within the e-mail. At the bottom of the email they say “No endorsement is given nor implied from (Company Name) regarding the content of this e-mail or any links contained herein.” I think our permission is implied when they mention our name throughout the e-mail including a link to their website which has our company name. Is there anyone we can do to stop this? It is hurting our reputation.

Asked on September 12, 2011 under Business Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If another company is using your company's name in such a manner as to cause confusion with the general public and/or harms your company's reputation and business, you need to consult with a business attorney as to options to stop this unwarranted use of your company's name. I suggest the following:

1. a cease and desist letter be sent to the other company demanding immediate ending of your company's name in any of its transmissions to the public at large due to the likelihood of confusion that it is causing by a set date.

2. if the request is not complied with, a legal action may be the next course of action for trade name infringement, trade disparagement and for injunctive relief.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption