Q: I own a towing company named Extreme Performance Towing and transport in Sacramento. Well today I received a letter from
a tow company in diamond springs named extreme towing. They are saying they have a service/trade mark on extreme and towing and they want me to change my company name. If this is the case no one can use extreme for the first name of there towing business. Also I don't think anyone can trade mark towing. So can he make me change my company name after 15 plus years in business
A:
Sometimes names can coexist and sometimes they can't. The remarks you make about "extreme" and "towing" in trademarks make sense. However, those remarks do not address the legal issues. A good place to start is figuring out what exactly their trademark covers and why they think that their rights are superior to yours. Then compare your uses to their rights. A common sense approach may seem appealing, but the answer is found in the interpretation of many legal decisions that have been handed down over the years.
It will most likely cost you money and loss of good will if you have to change the business name. Sometimes an attorney can provide significant "push back." Consulting with an attorney might be easily cost-justified.
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