QUESTION

Can I open a company with a similar name and in the same industry as one that is already established?

Asked on Oct 23rd, 2014 on Business Law - Illinois
More details to this question:
I want to open a company named Prismatic Consulting Group. I own the domain name www.prismatic.consulting. After a search on Google, I have found out that a company already exists with the name Prismatic Consulting and website, www.prismaticconsulting.com . They indicate they have a copyright however I searched through the copyright record and I did not find anything about them. I looked for trademarks they might have filed, again nothing. They are out of Pittsburgh and I am out of Chicago. If I were to proceed with opening a consulting firm under the name Prismatic Consulting Group, again their legal name is Prismatic Consulting, will there be any legal issues?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Yes, there will be trademark issues.  Even if they have no registered trademark, they may have a common law trademark, which you may violate if you use a similar name in the same industry and cause consumer confusion.
Answered on Oct 23rd, 2014 at 1:25 PM

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