Business naming legalities
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- LukeO
I'm helping my friend out establishing a recruitment company (for his sins... and mine for branding it). He's got a name he wants to use. It's a latin name for nerve endings.
But, another recruitment company already exists with that name. They aren't exactly working in the same sectors, and this other company looks quite established.
Can they both use the name, or will matey get sued down the line? I'm thinking it's safer not to use or change the spelling, but I'm clueless about naming and the legalities.
Does anyone have any gems of knowledge on the matter? Many thanks in advance!
- Raniator0
I don't know about the legalities of this, but I would say that using the same name for a recruitment company as an already established recruitment company isn't a very good idea?
You wouldn't bring out a soft drink called Coke would you?
- ********0
- LukeO0
Seems like the name might infringe 'goodwill' of other company (get sued down the line)... but other company is called -
latin name resourcing...
so matey could call his...
latin name recruitmentNot sure, might be flogging a dead horse.
- bjladams0
we just did a redesign for a customer because their company name had the 1st 3 out of 4 words in their title as another firm. the 2 businesses are across the country from each other, and not really after the same demographic, but both in finance. our client got a letter asking that they either change the name or the logo pms colors, as they were very similar. we just updated the logo and changed the color and everyone was happy... go figure.
- yeah, it can clearly go horribly wrong. Man, I think matey needs a lawyer - not a designer! Thanks for the gem!LukeO
- formed0
would certainly help in getting searches/business....which could increase the chances of getting sued....
are they in the same city? There are a billion same name companies, doing the same thing but in different locations. If it is half way around the world, probably no problem, next door probably a big problem.
- They are derby/manchester. Friends place will be London only. hhhmmmmm. Thanks btw!LukeO
- LukeO0
Anyone used a legal specialist in this area (london based)? I might advise for him to seek out legal opinion.
- ********0
If your friend is aware of the competition and this can be proven (as it now is) before creating the company it is pretty likely any legal action against him would be successful.
This seems like a simple 'don't use the name' decision to me.
- zenmasterfoo0
Am I right to assume you've already started designing the brand? If so, are you asking also because you like the direction it's going? Show us.