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Trademarks and funeral homes?

See The Trademark Blog's More Skullduggery (yes, there is a pun in there):

"Funeral home dissolves, funeral director may or may not have agreed to not use his name pursuant to a non-compete clause, uses his name with new funeral home, old funeral home uses his name, lawsuit.

Nieberg et al v. Nieberg Midwood Chapel Inc., 08 CV 00392 (SDNY Jan 16 2008)."

I have tried for some time to convince my funeral home client of the need to register their servicemark. Funeral homes rise and fall on the reputation of their names - maybe even more than other businesses. Having registered the servicemark might have just add another layer to the non-competition claim but one that might succeed if the non-compete claim fails.

Full post as published by Indiana Civil & Business Lawyer on April 01, 2008 (boomark / email).