What’s in a name?

A client had chosen a folksy, distinctive name for his business, and had been using it for a decade. He came to us when another man started a similar business and gave it the same name. Our new client didn’t have a big budget so he hoped to resolve the dispute without having to go to court. We researched both businesses and wrote a polite but firm cease-and-desist letter that thoroughly explained the law and why we believed we would win a trademark ownership lawsuit. The other businessman hired a lawyer, considered his options, and chose to change his business name – all within two weeks.