So how would Three Trojans willfully infringe on a trademark that didn't exist in the first place? How does it work when filing for an LLC? Can LLCs filed in the same state have the same name if they are in different industries and markets? I am about to start a new business in Australia, registered it here in the UK first but am in the process of closing it again form printed and signed but not sent.
My Name is Axel, Adventure The candidates pay for the service. I very successfully worked in such a company and placed , now wanting to start my own They mentioned that Accenture is very well known but no mention of Registered Trade Mark. I registered the domain www. Accenture, the global leader in management consulting doesn't like my work. My web page has been put on 'under construction' for now I want to start trading around Mid December. My Students would be from Germany, France etc, the companies only from Sydney.
I guess what I am doing here is asking for your take on things. I will never exceed placements per year and think of working with 2 or 3 employees max. Not for lack of conviction but I studied the market and competition. Not sure where I stand. We have a company name ioutletstore and we sell used iphones what do you think about having a domain name ios that are the first letters of ioutletstore.
Do you think this will be a good strategy? What can be done to stop them or force them to go back to their originally trademarked name? This particular business is in the same industry, offers the same product and the name is very similar to our business. What can we do to protect our company from what appears to be intent to cause customer confusion?
Thank you for a very infomative post. I have an interesting situation where I registered a. The interesting point though is that the name Sodwana Bay is a place name or town. My understanding is that a person can not register a place name as a trademark. Therefore is it true that a person can not claim exclusive rights to a place name as a domain?
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Thanks in advance. Nice post. I have had a few question regarding this post since quite a while and this post has answered most of them. What are your suggestions for people who are bootstrapping on a limited budget. This is good info Sarah - question though - how does the dispute over domain names get adressed? But for now I'll give you the short answer. These cases are typical resolved in one of three ways.
I'll list them hear from cheapest to most expensive:. This is when the parties privately negotiate a settlement between them. They don't seek outside help other than attorneys, perhaps to resolve the dispute. Under UDRP, an authorized arbitrator orders the domain name transferred to the trademark owner if the domain name is identical or confusingly similar to the trademark, the registrant has no legitimate interests in the domain name, and the domain name was registered in bad faith. Civil lawsuit for trademark nfringement, violations of the Anticyber-Squatting Act, and unfair business practices.
Filing a lawsuit takes a long time and is expensive, but for some situations it may be the best answer. For example, you may have to go this route if you can't prove that the registrant was acting in bad faith.
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I hope that this helps point you in the right direction. Stay tuned for my future post that will cover these options in greater detail. And it is going to be the subject of one of my upcoming posts. I'm no expert, but if all of the parties are in the UK, you will probably go through Nominet's dispute resolution procedures.
This is a good thing because they are generally cheaper and faster than UDRP. Now, if the domain is registered in the U. The location of the parties may further influence whether Nominet's process is an option. I would start with the website above and see if that can answer your questions more specifically. And good luck! Before we all had websites, the only consequence was that we'd occasionally get a box for the store of the same name in Arizona. Now, we have customers walking in to complain that they haven't gotten their order -- which they placed with The Education Station in Canada, who is still ahead of us on Google.
After 16 years in our brick and mortar store, we're not thinking about changing our name, but it is definitely confusing, and probably leads to more problems online than we realize. I've recently been on the end of an email threatening in a veiled manner legal action regarding my local dba. Very unpleasant feeling and I was not impressed by the email at all.
I am a local SEO and not trying to tread on the toes of a "famous seo" David.
“I want someone to look at me and say damn that's mine and just be so proud to have me”
Anyone want to buy three good PR domain names??? Duncan and I got smacked down by this kind of thing back when we started our first business in high school no, I'm not going to say what it was called. We didn't do much research before starting, but I wonder if we could have put up a bit more of a fight instead of folding as soon as we got a nastygram. I know what you mean - I am in the middle of 40 odd disputes I was completely prepared to register my business name with my state and trademark office. However, I found a company with a very similar name providing the same service in England.
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I will be doing business in the US. Also the website is copyrighted from This other company has not filed for a trademark in the US. What are the legal issues surrounding this? Thank you. I tried the " conduct a thorough search " link, but it appears to be tied to a session you had when writing the post.
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Got any cool pictures you can share? I appreaciate it! And it was great to meet you at SMX West! Thanks for your feedback. Hi Sarah, thank you for your informative post, I have searched numerous websites online for help on this issue but did not find any.
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I have done serious Internet marketing for my business and its really annoying finding another company in my search results with the exact same name as my business. I don't know what action to take as of now because my business is legally registered in Kenya and the other company is registered in Essex UK. Any help? I recieved a telephone call the other day from a company in Atlanta that is going by the same BASIC name as my company. Said Atlanta jerks told us that we were infringing on their copyright, I did a copyright search and they aren't listed.
Now this guy is telling me I have to change my website and domain name because his customers might get confused. I'm in detroit and he is in Atlanta.. I really have no desire to trademark the company name, also his name is Motor Sports and mine is Motorsports.. Not sure what to do here. The guy is basically pissed because my name comes up first on Google. Thanks for this post.
What if two service companies where using the same surname in the same geological area? Would there be any legal action the first one to that area could take? Oh thank you thank you thank you for writing this post! Being a weekend, there are no attorneys to talk to, and I was SO craving some intelligent discussion about an infringement issue I discovered last night. Let's go over a few basic assumptions: This post is equally informative for other kinds of trademarks as it is for business names.
Thus, you could substitute "slogan," "logo," or "trade dress" for "business name" in any of the examples below. None of the examples below apply to "very famous marks. If you've named your business after a very famous mark, it would be a good idea to pick a new name. Even if you had a good argument as to why you were not infringing the very famous mark, the other company could certainly outspend you on attorneys' fees and court costs.
My advice is just don't go there. It's not worth it. All of the examples below assume that your business name is eligible for trademark. Obviously, the first step when looking at a trademark problem is to determine whether the alleged marks are even protectable. It's purely descriptive.