What's In A Name?

[budd4766]

Ok...what do you do when you create a business name and have cards and stuff printed, stamps made, etc., and then years later, you find somebody else just started using the same name for their own (similar) business?

No trademarks or copy writes or anything...yet....was trying to avoid all that....unless that's what it takes. I have no idea what's involved in getting all that done anyway.

Any thoughts?

[Kustom]

If you don't own the trademark you're setting yourself up for problems. Does the other business have it trademarked? If so you could be violating their trademark.

Ok...what do you do when you create a business name and have cards and stuff printed, stamps made, etc., and then years later, you find somebody else just started using the same name for their own (similar) business?

No trademarks or copy writes or anything...yet....was trying to avoid all that....unless that's what it takes. I have no idea what's involved in getting all that done anyway.

Any thoughts?

[Glendon]

Here is some very basic information on trademarks http://www.thomasfir...trademarks.html

Like copyrights, a lot of trademark protections are automatic when you start using a clearly uncommon image. "he key word in this question is "earned." Trademarks are not born; rather, they must be earned. By using a mark in connection with a good or service, the user acquires some trademark rights. Interestingly, though trademarks are protected under both state and federal law, you do not have to register a trademark in order to have it protected"

You would want to talk to someone with more legal training then I have (see: none), but basically whoever started using the name first has the claim.

Even if they registered and you didn't, if your business is the clearly older claim, then their trademark would probobly be invalidated if it went to court because they didn't do a proper search.

Edited August 4, 2012 by Glendon

[DoubleC]

Budd, I registered my name in VT. for 50 bucks. Actually doesn't protect me from anything other than no one would want my name anyway :-) But it does make me a legitimate business for things like shipping and wholesale accounts. And it looks cool on the wall as i sit here in my bedroom/shop/shipping center/office/ and so on.

[Northmount]

Generally ... Many locals have a statement that the name is not currently in use ... When you go to register a trade name. A company name or trade name is different from a trademark. A trade mark is generally registered to a company, that has registered its trade name. The trademark may or may not include all or part of the company name. The trade mark can be a simple graphic image with no company name displayed. For example, "System 1" is a trademark owned by "Bently Nevada" who was purchased by "GE Energy Services" owned by "GE". You have all seen GE in a circle, that is a trademark.

To protect a business name, it needs to be registered. If you have a trademark, it needs to be registered. That will protect the name and trademark only in the state or province it is registered in. If you have deep enough pockets, you can sue others in other states for infringing, but you need more money to beat them. Makes for a nice legal game that only the lawyers win, on both sides.

CTG

[DoubleC]

Exactly CTG and registering a TM or a product, none of it means a hill of beans when someone overseas sees your product and makes them, and sells them cheaply made for 1/3 of the price you charge. It's all an attorney game, not for we little folk just trying to get by.

[Bluesman]

Contact the business in question and explain the situation. If you have, and can prove, your continued use through commerce. You are the legal owner of that name. For example you call yourself ABC Leather and have been doing business under that name for several years. Show proof for local sales as well as Internet sales and the name belongs to you. This will hold up in a court of law. Now, you can register your business name with your State for small fee. This gives you State ownership. The same can be done with the Federal level. Now, this gives you no tax number, no right to sell. It only protects your name. Same goes the other way. When you setup an EIN or tax number to purchase wholesale it does nothing to protect your name. These are two seperate and exclusive issues. You may just find that the other person didn't know and will gladly change thier name. Or if they won't you can take them to small claims court. This only works if you are both in the same state. If it involves another State it gets dicey. I would call and go from there.

[K-Man]

You can contact the other entity and try working it out. If that doesn't work, you need to talk with an attorney who's area of speciality is Intellectual Property. They can advise you of the avenues available to you to resolve it.

[Iron Pounder]

Just went through this with our lawyer. If you have nothing better to do and a ton of money you can protect your name. If your last name isn't very common I guess that would be an easy way to keep others from using it. He told us a big corp like Coke spends millions per year protecting trademarks. We went round and round on a name and landed on one only to have a guy start up with the same name a few weeks later. He doesn't do leather but does do metal fab. Doesn't matter much to me as someday, hopefully soon I would love to just do leatherworking, other than seat pans, brackets and bars. He mainly does tanks, fenders and I think he hardtails some metrics as well.

I'm not sure an origianl business name is even out there. We only have so many words in english to use .

[budd4766]

Thanks for the advice, guys.

I'm not really sure what I'm going to do just yet. Now that the initial "shock" has worn off, I'm not sure I'm going to do anything just yet. I do not think there was any malicious intent on the other guy's part...just a lack of doing a search before naming his own. He's in Oregon, I'm in TN, so the only real problem I have with him is, when I tell someone do look for my business (Lazy K Leather) on Facebook, they find his personal page of the same name and, if they don't look a little harder, they think he's me. But, everybody that knows me or I've given a card too, knows they don't see my logo on there, and hopefully know to keep looking.

I don't care to get into the legal stuff with anybody, I don't make the money for that, and I'm sure he doesn't either...and it's not worth it to start a "fight" with a fellow leatherworker over it anyway at this point. I may just let it slide for now and see if it does become a problem later. Might contact him and see where that goes...maybe.

Thanks again,

Donnie