Goodsill Anderson Quinn & Stifel
United States:
Can Another Business Have The Same Name As Yours?
To print this article, all you need is to be registered or login on Mondaq.com.
You left your job to start your own company. You spent months
working on the branding, figuring out the name and getting
everything set up.
Then, just a few weeks before launch, you Googled your own
company name. What you found is that there is another company that
already has the exact same name. Are they going to start a legal
dispute if you use it, claiming that you’re infringing on
their intellectual property? Or is it permissible for two
businesses to have the same name?
The goal is to limit consumer confusion
This can go either direction, but the thing to remember is that
the government does not want to allow consumer confusion. Business names
are protected so that consumers aren’t tricked into thinking
that they’re shopping from a business that they’re not
actually at.
This means that two businesses can have the same or similar
names in some situations. The first is if the business is in
another state. For smaller businesses that don’t have
national audiences, you may be able to have the same name as one
that is in a vastly different geographical location. It is unlikely
and perhaps even impossible for consumers to be confused about the
two.
Another reason this is allowed is if you work in very different
industries. Maybe you’re starting an investment firm, but the
other company is focused on providing lawn care services. The
customer base that you’re trying to reach is not the same at
all and no one is going to be confused about which company to turn
to for their needs.
That being said, you may find yourself in a legal dispute that
you didn’t see coming. If you do, be sure you are well aware
of all of your legal options to protect
the business that you’ve built.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Corporate/Commercial Law from United States
