Home: Message List - Can I use a business name of another Company if it is not same state

Re: Can I use a business name of another Company if it is not same state

DomainDiva — Sun, 06 Jan 2008 20:09:17 GMT

In my case, since we have a registered trademark and patents on the intellectual material that would be up to our attorney to decide which way to proceed...conversation or court.

Re: Can I use a business name of another Company if it is not same state

Lighthouse24 — Sun, 06 Jan 2008 17:20:50 GMT

LOL . . . Reminds me of the "Seinfeld" episode where Elaine is talking about all the "stupid" names used by ergonomic furniture stores.

Re: Can I use a business name of another Company if it is not same state

slavaret — Sun, 06 Jan 2008 16:55:59 GMT

I was thinking primarily about new business startups.

What turns me off is names that are trying to be too cute.

As an exercise, try to pick a name for a small business that you can brand. How about landscaping or home remodeling? Even if you come up with a good name, chances are, the DOMAIN is taken. That's why I see more and more 3-word names online.

Another thing is you can only anticipate so much. You may start with an original idea but business may take elsewhere. If your name is too specific - there soon will be mismatch, or it will be difficult to brand.

How about tag lines for small businesses?

Here's one of my favorites (from a septic tank sewer cleaning business):

We are #1 in the #2 business.

Re: Can I use a business name of another Company if it is not same state

Lighthouse24 — Sun, 06 Jan 2008 16:08:45 GMT

Since this thread has traveled beyond the original question anyway . . . there have been a number of studies about the most hated company/brand names in America. The rankings vary, but the names on the list are usually about the same:
1. McDonalds
2. Microsoft
3. Dell
4. Toyota
5. Intel
6. Sony
7. Nintendo
8. Honda
9. Motorola
10. Mercedes

Even so, I'm not sure any of these companies have a "bad" name. To me, a "bad" business name would be something like "Enron Investment Services" or "Hitler Health Care."

Re: Can I use a business name of another Company if it is not same state

CorpCons08 — Sun, 06 Jan 2008 07:08:11 GMT

The best way to demonstrate this idea is with corporate branding. It is amazing that when somebody sees a double arch they automatically think of McDonalds, or the checkmark and they think of Nike. That is why a name and a brand is so important to businesses; people will associate that brand to their company every day. Now just think what would happen if that company has a bad name for itself (like DELL from another post) and another company decides to use that name. That company already is going to have a bad name for itself because of the history of the other.

CC08

Re: Can I use a business name of another Company if it is not same state

slavaret — Sun, 06 Jan 2008 07:00:09 GMT

I read somewhere long ago that your business name plays a key role in the success of your business.

The more I think about it, the more I agree. A GOOD business name shows how much thought you put into it, your attitude towards your venture, your resourcefulness...

Re: Can I use a business name of another Company if it is not same state

CorpCons08 — Sun, 06 Jan 2008 06:51:19 GMT

Exactly. It is beneficial for the new person to have a different name so they can (a) start a name for themselves (b) build up a reputation (c) avoid negative pablicity the other company may have, etc.

CC08

Re: Can I use a business name of another Company if it is not same state

slavaret — Sun, 06 Jan 2008 06:48:37 GMT

That's what I thought.

If there is no criminal intent to defraud you...

I suppose if you have online presense, you WOULD want to be different to make sure you don't get confused with somebody else and end up drumming up business/traffic for them.

Re: Can I use a business name of another Company if it is not same state

CorpCons08 — Sun, 06 Jan 2008 06:40:15 GMT

There is nothing you really can do.
You can ask nicely for them to rethink their name, but if they blow you off it is what it is.

CC08

Re: Can I use a business name of another Company if it is not same state

slavaret — Sun, 06 Jan 2008 06:38:28 GMT

What can you do?