Let's say you are starting a company and one company from the u.k. has a name so-n-so entertainment. But you want a name that is so-n-so studios. Is that illegal or is it because one is entertainment and one is studio it is allowed? I work in law but do not work in business, copyright law most of the time and have only skirted the rules. So if anyone can help me it would be much appreciated.
You won't like to hear this, but "it depends". You will find a lot of pubs, restaurants, clubs, etc, with the same name, but in different areas. This is usually OK. Unless it's a chain. However, this is a similar industry situation, so there is a greater chance (but not a guarantee) of legal action (and the judge agreeing that the name is trying to be capitalised upon). It would depend on how big the other company is (such as if they are servicing more than just the geographic region they are located in) and if they hold a registered TM, too (it doesn't automatically mean "no" but can help them). It would also depend if it's a common word or something unique. But I am not lawyer, so I would recommend seeing one well versed in business name registration and TM issues.
Thank you for the advice. It sounds very logical and as with most law it borders and is never a clear defined answer :/ lol. I don't really want to go to someone at the firm I work for as it might make them think I am trying to start my own firm or company which I am not I am asking for my family member. The thing is there company is a LLC but its got games at the end of it. and the one he wants has entertainment which is where the confusion comes in. thanks very much Ryan if you have any more input I would be glad to listen lol
John Doe Games John Doe Entertainment I could see how someone could get confused... You may even think the same company is using both names....
So you think it would be an issue crossing borders though? Like one name is in the U/K and this is in the u.s.
I didn't realise you are in the USA. Does the UK company have a presence (or customers, sales, etc) in the USA? Is the US company planning to operate in the UK?
The u.s. company will make games. But the u.k company has no presence in the u.s. as far as I can tell. and I have done a good bit of research for it on google (atleast I think I have lol)
Yeah that is what I should do however I work in a firm so if I go about asking these things they may think I am getting ready to switch jobs or etc(though I am not) and I am hoping to make partner one day lol
You can't ask a legitimate question of another lawyer at the firm you work? Sounds really peculiar. Why would asking a question about a legal matter for a family member make anyone think you were starting your own firm or ready change jobs? Seems like an odd inference to make from a random question. Don't you ask question of other lawyers in the firm all the time?
Actually I do not. I went to school I have no need to ask them what I need to know. Plus we are not a firm holding 150 lawyers. Also what type of firm do you work in is what I would like to know because the lawyers here are competitive. So you work at a firm where lawyers competing for jobs and etc just tell each other how to do there work? I need to go to California obviously. Also the reason they would assume that is not of your concern. if you have nothing to add to the topic then please do not reply in it. I do not deal with international law nor Much copyright law I have only sat in on cases and etc.
If there is another lawyer who has experience in an area of law that I do not have, I would not hesitate to ask them a question. Evidently you do since you are here asking legal questions on a webmaster forum.
Actually I was asking for other peoples experiences. As I said stop posting in my thread if you do not have nothing useful to say. I can and will not be bullied. Please move along or add to the topic. thank you very much
Don't worry so much. It's all about expanding your knowledge, too. Just be honest and tell the truth (for a family member). Maybe the truth is unusual for lawyers. I don't know about USA laws, but if this company was going to operate as a legal entity in the UK then it might have problems due to name similarity. If it was going to cross paths. Otherwise, if your (or your family's) company will always operate in the USA only then I can't see a problem. Potentially domain name (UDRP), although if it's <common word> Stuidos you want then it might be less of an issue (the problems come along when the name is more unique and identifiable with a company). This is probably the angle you need to research it from, so it might be worth fielding the question at NamePros.com, for example.