Q: Do I have to change my business name?
I was sent an email by Marketing Solutions LLC in New Mexico that my business KN Marketing Solutions is in violation of Trademark law of "Marketing Solutions" name, which is registered trademark in the state of New Mexico to Marketing Solutions LLC. However, my business is registered in the state of Minnesota. Additionally, I have only had one client in New Mexico, so I have paid taxes to the state and have a mailing only address in New Mexico. Reading 2019 New Mexico Statutes Chapter 57 - Trade Practices and Regulations Article 3B - Trademarks Section 57-3B-14 - Infringement doesn't seem to apply to out of state LLC. Please let me know if you need additional information.
The test here is likelihood of confusion.
Whether somebody would get confused.
You need to consult with an attorney.
If you consult with an attorney they can get more information from you and provide a more detailed answer.
You should absolutely consult with an attorney.
Better safe than sorry
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.