QUESTION

Company name copy righted?

Asked on Nov 27th, 2012 on Business Law - Virginia
More details to this question:
I found someone who has the same title and company name as me on LinkedIn, although the company has a different focus and in another state. Can I do anything about this? Do I have any copyright or otherwise legal claim to my company's name?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Company names are not copyrightable. They may be subject to the laws of trademark. Resolving a possible trademark dispute depends on knowledge of facts that you do not supply, such as who is the "senior" user, whether the name is the subject of a registration, the nature of the respective parties goods and services, and, most importantly, whether an appreciable number of ordinary consumers of the "junior" user's services are likely to be confused regarding whether those services are authorized or sponsored by the "senior" user. You will need to consult with a trademark attorney to discuss a resolution of this matter.
Answered on Nov 27th, 2012 at 10:31 AM

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