Can a Foundation with a similar name cause confusion?

Questioner

We established and registered a Family Foundation in 2019. On June 21, 2021, a foundation with the same name was established, which, in addition to managing old documents, does the same thing we do. We received a donation from someone who subsequently thought they were with the right foundation. We believe that this is unacceptable and that it would mislead people. I thought that the Chamber of Commerce and notary always checked whether a similar name existed. The only difference in the name is that we have Family in front of it.

Lawyer

It is possible that you have a case and, if necessary, through legal proceedings (summary proceedings) you could enforce that the other party ceases using the name. Whether that is the case depends on various factors. An important one is indeed whether there is a risk of confusion and whether that can also be demonstrated and, if necessary, proven. If you would like to discuss your case, please feel free to contact me without obligation.