Q: What would be grounds to initiate a judgment against a business that has been operating with the same name as an inc?
The other business has been operating under the publics belief that they are just a biographically located second location of the original business. The original being in the city for 56 year the other 20+ due to it being the original families second location. The staff; knowing that the sustainability of that 2nd location relied on their employment, threated to sever employment if the option to purchase location or operation wasnt granted. The motivation for my inquiry is that there was nothing filed, registered or formally implemented to solidify this 2nd locations new ownership rights.
A: More information is needed to answer your question. The first question is who owns the first location now and is it owned by a company (Corporation, LLC)? The second question is who owns the second location and was the use of the name consented to by the owners of the first place. You need to contact a local attorney who handles corporate and trademark litigation. I suspect what has happened is that someone took over the second location and continued to use the name without any consent. If that is the case you probably have a lawsuit for name infringement. I would start by contacting an attorney in AZ in your area as soon as possible.
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