Interstate Name Use

I have a question about company names. Most companies reserve the right to use a particular name state-by-state (unless I'm mistaken). However, is there any legal action one can take if an out-of-state company with the same name is garnering negative press and driving customers aware from your company? It's a tricky situation, there isn't much one can do other than say "we're not the same company, there's ANOTHER one...." Any ideas?

If you want to keep the name, I'd suggest a trademark search on both companies. You could spend quite a bit of money and time if yours is already trademarked and the other company is infringing, but generally, I believe you're out of luck if the other company already trademarked the name first, regardless of when either business actually opened. It's up to you to determine how much money and time you want to invest in both the research and legal fees for both states involved.

A cheaper/simpler alternative might be in coming up with a new name. The cost of changing your existing logo, letterhead, licenses, etc might be more feasible for you. You could either keep a synonym of your original name, with a slogan distancing you from "the OTHER guy" or a new one of your own design. If you make a change, obviously it's in your best interests to register your trademark name and maintain it on a regular basis. (After, of course, you've researched your new name to make certain it's not already in use/already trademarked.) Other suggestions can be found on http://www.sba.gov/gopher/Business-D.../Vol7/diff.txt, provided by the Small Business Association website. Obviously, the choice is yours.

Good luck.