Cape Coral, FL asked in Business Law for Florida

Q: My business is Off The Leash Academy, I’ve been in active since 2009, new company called Off leash k9 came around 2014

The name similarities are conflicting and causing my business problems. Can something legally be don’t to deal with? I get calls from people looking for them and I’m sure they get them from me. Does time of existence matter? Or am I up shits creek? Thank you

Edit: I’ve been active since 2009 and up to date on my llc and name rights through the state. Didn’t mean “in active”

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1 Lawyer Answer
Jane Kim
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Answered
  • Naples, FL
  • Licensed in Florida

A: You might want to consider sending Cease and Desist letter because it is first in use. But the question is- when did you learn about this since this other company has been around for a long time, too. Basically, what took you so long? They may have a legal defense of laches (too much time passed).

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