QUESTION

If your name is similar to a larger companies name and you even do a similar thing to what they do. Where is the line that is crossed legally stop?

Asked on Mar 23rd, 2018 on Copyrights - South Carolina
More details to this question:
I am starting a small company that is going to be named something that is similar to what a larger company is named. It is not the same name in fact my company is one word and their company is 2 words. However, what we do and what they are starting to do now is very similar. I need to know where the legal line is that I can not cross to where they would be able to sue me. My name and concept had absolutely nothing to do with the larger company however I can see where it sound similar and have similar functions. I just need to know who I should be talking to, and what I should even be asking. PLEASE HELP!!!
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1 ANSWER

Counterfeiting Internet Trademarks Attorney serving Washington, DC at Roka IP Solutions
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This sounds like more of a trademark than a copyright question, as it seems that you are concerned about your company name and/or logo (brand) infringing another company's intellectual property rights.   Where trademark infringement is concerned, the issue is whether your mark is or would be "confusingly similar" to the mark of the existing company.  Since a trademark identifies the source of goods or services, might people who saw your trademark be confused and think the goods or services you offer are coming from the other company?  If you do offer goods or services that are similar to those offered by the other company, and your mark is likely to cause confusion about the source of those goods or services, you could have a problem.   You say that the name you plan to use is one word, while the other company's name is two words.  That could be adequately distinguishing under some circumstances, but it would require comparing the two to try to make any sort of prediction.  There are ways to lessen the similarities between trademarks; it would be necessary to see what you're working with.  It's a relatively subjective issue as to when the line is crossed such that there is a likelihood of confusion, but that is the line. Another potential issue could be trademark dilution, if your mark were to lessen the uniqueness of a famous mark, but the existing mark must be shown to be in fact famous.  I don't know enough about your company to know whether its mark would meet the rather high bar of being considered "famous."
Answered on Mar 26th, 2018 at 10:03 AM

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