Hi I am setting up a company/website under a particular name and would like some advice to protect me long term. The site is DJ related and the name is very similar/the same to one which another DJ uses as an alias. I don't believe he owns any rights over the name but I was wondering if I could still run under it. If I did, is there any risk of him then going away and getting it trademarked as he did start using it first. If there is a risk, is it likely that I could get a trademark of it even though he used it as an alias before. My main question is, does it matter who used the name first, or is it simply whoever registers the trademark first? The name I want is DJ[word]. [word] being a word in the english dictionary. His name is DJ's [word] (if you want the actual word, PM me, I jst dont want it showing in SE's) Edit: I have seen that he has released a CD under this name. Does that mean he owns rights to it? Thanks Thanks
Common law trademark rights (in the US) go to the first person to use it for a particular type of usage (classification), not the first person to file for a registration. If you go and file for a registered trademark, this other person could contest it or take action to cancel your trademark. A federal trademark registration takes approximately 6 years to become uncontestable.
OK, thanks Do you think there would be an issue between; DJ[word]. [word] being a word in the english dictionary. and DJ's [word]. With a space
Adding a space isn't going to make a difference and dictionary words can certainly be a trademark (i.e. Apple) - so yes, I think there is a potential infringement.
It is whoever uses the name as a trademark / service mark first. A DJ name is likley a trademark - like a band name - the moment it is first used in commerce. You don't have to register a trademark in order to have trademark rights. The other guy may have superior rights. Be careful.
So I either change the name or Somehow get written permission (contract) to use the trademark from him