Can my exwife purloin me to court for my fictitious business label? i have a restaurant lower than the name of la mesita mexican

i have a restaurant lower than the name of la mesita mexican food. i originally file for fictitious business name as an sole proprietor while i be married. i got divorced two years ago and own recently re-newed my fictitious label as a sole proprietor again as it had expired. my ex-wife immediately says that she will be taking me to court for rights to the describe since she claims the name origially belonged to her brother over 15 years ago. it be never tradewarked. can she win??

yes, but it doesn;t denote she would win - if it's her brother's, you ex has no ownership within it - it would be up to HIM to try and get the entitle back - if YOU want to hang on to name..you better trademark it yourself or anyone else can and next you would lose it - if brother stopped using it and didn't try and protect it himself, he gives up adjectives rights to it - that's the law - entry about trademarks - you hold to actually actively protect them to keep them - bring a website in that nickname also to protect it - you can use it to put your menus and hours/location up on the internet - google "US trademark registration" - it will probably take you to the right website does her brother enjoy a restaurant right now thats be open for longer than your restaurant? Then she wont win anything except a apt kick within the pants for wasting the bench time. Unless your business's name is abstraction customers from another business with duplicate name, nearby is nothing to sue for.

Did you and your wife own it together, but you filed as sole proprietor lacking her knowing?
Did the restaurant originally belong to her brother under that heading?
Did he "own" the name but not the restaurant?

Speak next to an attorney. But (I'm not an expert) since her brother never trademarked the name, I believe she would enjoy no case. You might also details that there are comparatively a few "La Mesita" restaurants in the country.

No, not unless he's still doing business and consequently it "may" fall lower than the scope of a type of adjectives law trademark below certain jurisdiction.

More information can be found here: http://en.wikipedia.org/wiki/Trademark

Hello,

Great post. The most defining part of business is public relations. This makes or breaks a business. Some of the best ways to publicize I've found are:

1. Offline promoting (business cards, flyers, newspaper and other print advertising).
2. Online promoting (buying ensign ads, forum posts, email auto replies).

The best method that's worked for me so far is hand out business cards. I don't do this in the usual instrument. I buy them in bulk from a place online (they hand over the cards for free, I just compensated shipping and handling...they also give a really nice free business card holder, it looks impressive). They're really large quality. I lately put all of the info roughly my business on the cards, and I hand them out on cars at bus stations, malls, etc. It's worked out really, really powerfully for me, and it's completely inexpensive =)

http://www.cards-free-ure-bis.info

Good Luck with your business!

Answers: You need to provide the answer as to whether or not her allegation is true. If so, how did he own it? As a Corp/LLC, or beside a DBA/Fict. Bus. Name? You'll need to find out if the brother have kept whatever trial claim, if any, up-to-date. If the brother states it was beside a Corp/LLC then you can turn to the Sec. of State in anything State and check the name to see if it is valid. Same entity goes for the Fict. Bus. Name, you would merely chk your County website. If his so-called ownership of this has expired next there is no argument. Also, her BROTHER would be the party that take you to court, NOT your ex-wife. I've provided the Business Portal link for different Government Offices also the Patent & Trademark site for your perusal.
Also, you might shift to lawguru.com and you can ask the legal swami as capably. Make sure you provide the State and County your Business resides in. Hope this help.
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