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Lawsuit filed by gelato maker over use of company name

On Behalf of | Jan 2, 2020 | Business & Commercial |

A common question that many in Montgomery may hear asked is “What’s in a name?” It turns that for a small business owner, it can be quite a lot. A strong reputation is of vital importance when trying to establish a company, as no amount of marketing efforts can offset good (or bad) word-of-mouth. Unfortunately, managing a business’ reputation can often be out of its owners’ control, especially if other companies try to use similar names and branding within the same space. It is in these instances that business owners may be forced to fight for what is theirs (even if it is something as seemingly simple as a company name).

A recent lawsuit filed by a gelato company in Utah serves to illustrate this point. The company trademarked its name in 2014 with the goal of one day expanding its operations beyond the locations it currently runs in the state. However, it has since discovered that another company operating out of California is using its name to sell similar dessert products, which it claims has caused confusion amongst online consumers. After contacts made with the competing company asking it to stop using the name proved unsuccessful, the gelato sued, citing the concern that it cannot guarantee the product standards enforced by this competitor compare with its own.

In a case such as this, the outcome may greatly influence the future success of a small business. With so much at stake, one can see why small business owners need to have every resource on their side in ensuring that their vital interests are protected. An attorney with experience in handling complicated business law matters may be just such a resource.