We have gotten word from our lawyer that this other business no longer wants to do a “concurrent use” agreement with us. They are thinking about future franchising of their business and considering spreading to the Buffalo and Syracuse region and want to avoid confusion. Right now we are trying to decipher what this entails.
- Is this a bluff? Do they just want to see if we will give in?
- We could fight them and have a pretty good case for having our LLC before they filed for trademark. But this would cost us a LOT of legal fees.
- We could cave and change our name… and that would mean:
- Change our business cards
- Change our e-mail address
- Change our website
- Change our logo
- Change our license application (costing thousands of dollars)
- Change our bank account
- File for a new LLC
- Change our financing application
- A way sort of around the previous option would be to do a DBA (doing business as) in a different name. Then we could leave all our legal items as is and just change social media and business cards and anything that is presented to the public. We are checking with our Lawyer now to see if that would solve the issue.
Needless to say, there have been a lot of tears shed over this debacle. And many many hours of research and conversations.
All in the name of beer in New York State.