Can a company use our company name to solicit business?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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