Is it legal to have similar company names providing same services?

Discussion in 'Legal Issues' started by ifreakz, Feb 19, 2011.

  1. #1
    Hi,
    If i want Bigsquare services pvt lid
    and there's something called bitsquare services private lit.

    providing the same services (almost). then will it be a legal issue?

    Thanks
     
    ifreakz, Feb 19, 2011 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Yes, it can be a legal issue. People might confuse you with the other entity, especially if
    they've established trademark rights to the brand or so in question.
     
    Dave Zan, Feb 19, 2011 IP
  3. AstarothSolutions

    AstarothSolutions Peon

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    #3
    The issue you are looking at could be a breach of trademark (as suggested by Dave) but more likely you are looking at being accused of "passing off".

    IP law is never straight forward and there are no hard and fast rules about it but passing off revolves around if an individual could mistake your organisation as being associated with (or actually being) the other organisation. Generally things like geographic area covered, services provided, look & feel of branding, brand name and slogans are all looked at to determine if this is a likely issue. If it is then the older company would be entitled to force the other to change its name as well as claiming compensation for lost business (ie the business the younger company won because people mistaked it for the older one)
     
    AstarothSolutions, Feb 20, 2011 IP
  4. marht

    marht Active Member

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    #4
    So it all depends on what you're doing with your site.
     
    marht, Feb 20, 2011 IP
  5. ifreakz

    ifreakz Well-Known Member

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    #5
    Take example :
    BigSquare and BitSquare Providing same services. Can there be legal problems?
     
    ifreakz, Feb 20, 2011 IP
  6. AstarothSolutions

    AstarothSolutions Peon

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    #6
    There obviously can be from the name element but name is only 1 aspect of it as already explained.
     
    AstarothSolutions, Feb 20, 2011 IP