NFT: IP Question re: business names

You may want to ask advise from an attorney but having had a number of businesses my personal take is unless the other business is a national company you should be fine doing business out of your state using the same name. I belive for local/regional businesses it is common that you may have businesses of the same name in other states. As long as you registered it in your state you should be fine. However if they are a national “brand” you could possibly run into some resistance.

I wouldn’t contact them or bring it to their attention. If they are a small local business registered only in their state I doubt it will become an issue, or would they have any recourse even if they did become aware of your business.

But again if you are concerned then it’s probably best to consult your attorney. And certainly don’t contact the other business without first consulting one.

Good luck

If they hear about it, and if they care, and if they want to spend money to change your name, then they can initiate things. My guess is different industry and different state, they won't know or care. Also since you are a 1 person consulting LLC, if they ever do care you can just change the name of the LLC at that time.

DC Gmen Fan, LLC as the name.

I'm not in the legal business but have not seen any lawsuits started by companies that are small to medium because of use of the same name. I see similar names fairly often. Additionally, you may always be able to use your last name in any case though if your last name is Disney, it would give me pause.

does it matter is the name is registered on the trademark site of the USPTO?

.

What important is whether it’s a similar industry and whether there’s a likelihood of confusion.

To clarify my earlier comment - those points are important for Trademark law. Search the uspto site to see if they registered.

In comment 15129416 DC Gmen Fan said:

Quote:

does it matter is the name is registered on the trademark site of the USPTO?

Yes if it’s the same industry.

is not trademarked, you should trademark it and send the west coast company a cease and desist.

the best defense is a good offense.***






*** this is not legal advice, I don't have a clue what I'm talking about, but still do this, it seems like a boss move***

For the other company. If it’s a completely different industry you should be good. At this point Unless you have National options it is what it is, if they contact you, then reach out but there aren’t going to be any damages so your risk in worst case scenario is minimal.