QUESTION
Is it ok to name your business close to another business''s name, yet it''s still different?
Asked on Mar 19th, 2012 on Business Law - Utah
More details to this question:
I want to open a gym and give it the name "Cross Fitness Saratoga Springs". However I know that there is a big franchise gym out there called, "CrossFit" and I don''t know if my name is too close to their trademark name of "CrossFit". In my opinion words like Cross and Fitness are very common words in exercise terms and I don''t think that a company can claim them as their own. It''s like Wal-Mart and K-mart, both have very similar names and offer the same product, so why couldn''t there be a CrossFit gym and a Cross Fitness gym? I just wanted to get a laywers opinion on the matter before I went ahead and officially named my business.
Thanks!
1 ANSWER
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Disputes like this arise in trademark law all the time. Whether you have the legal right to do so or not, have you considered that it may cost you thousands, or tens of thousands, of dollars to defend that right if you are sued by the "senior user" of the mark? Moreover, logic suggests that you would want to name your business something that actually distinguishes it from other similar businesses. See a trademark attorney before you make your decision.
Answered on Mar 19th, 2012 at 7:32 PM