Do i need to change my business name?

I have a salon named B. Lux and there is a salon over an hour away from me
named B. Luxe. I received an emil from their lawyer requesting that i change my
business name. do i have to do this?

Asked on March 23, 2018 under Business Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If they have registered the name "B. Luxe," you might have to, since your name is more-than close enough to infringe on a trademark, etc. in their name. Or if they had the name before you and in your area you could both draw from the same pool of potential customers (i.e. given how far people travel for salon treatment in your area, there are people who might reasonably go to either of you), you might have to change the name under general "unfair competition" law (e.g. the Lanham Act) since your name might be held to be unfairly confusing with their name, apt to make potential customers think you are them or are associated with them. This is not nearly so much an issue if you and they draw customers from separate populations, since then people will not be confused as to who is who.


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