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12 Replies Last post: Jul 1, 2009 9:53 AM by david_aa

Other Company with same name

Jan 14, 2009 8:33 AM

Click to view KayPolanco's profile Start-up KayPolanco 1 posts since
Jan 13, 2009
I am an aspiring film/music video director and I am planning on starting my production company later this year. My business partner and I have decided on calling the company One Vision Productions. We want to register in the LLC. Problem is, I googled the name and there seems to be a Georgia based company by the same name. I am in New York. Will it be a legal problem if I go with the name or do I have to come up with a new name?. Maybe I can change the writing out of the "One" and instead just write the number 1. Any answers?
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Click to view LUCKIEST's profile SCORE LUCKIEST 7,926 posts since
Aug 6, 2007
1. Re: Other Company with same name Jan 13, 2009 8:24 PM
Other Company with same name, Welcome

Everybody in business should have both an Accountant and a Lawyer.

Ask your lawyer and get the best answer.

Good luck, LUCKIEST
Click to view Lighthouse24's profile Mogul Lighthouse24 2,396 posts since
Oct 10, 2007
2. Re: Other Company with same name Jan 14, 2009 1:40 PM
Maybe, maybe not. If they have registered it as a tradename, then yes, you'd have almost certainly have legal problems. If they haven't, but are in the same business/industry and could potentially market to some of the same customers, then you might have legal problems. If you're a commercial motion picture production firm in NY and they're an upscale event planner in GA, then no, there'd probably be no legal issues. Lots of independent businesses have the same or similar names, so that in itself is not the problem. However, infringing on a registered tradename or potentially creating confusion in the minds of that other firm's customers would be.

Hope that helps. Welcome to the community and good luck.
Click to view skydalimit's profile Mogul skydalimit 32 posts since
Feb 27, 2009
3. Re: Other Company with same name Mar 5, 2009 12:43 PM
Hi have dealt, come across the same situation you facing right now so i can really help you,
although i am not a lawyer i have incorporate my company Heatrock Entertainment Inc. here in the state of NY, and there's alot of people, in my state, other states, and companies that's using my corps' name "Heatrock" and have similar name like Heatrock Productions, and even the same name heatrock entertainment inc. right now which im looking to sue real soon, you can email me,

i can help you because i already did a trademark search of the name One Vision Productions that you want to use, and the closest i cam with your name being used was One Viisiion Productions, LLC they are located in MARYLAND, so as long its not in New York, your state, you can start and use it, but to protect this name "One Vision Productions" after incorporating it forming it to an LLC, you gonna have to trademark it which i can help you do all that for a small fee, email me at: skydalimit1@gmail.com
Click to view skydalimit's profile Mogul skydalimit 32 posts since
Feb 27, 2009
4. Re: Other Company with same name Mar 5, 2009 12:44 PM
Hi have dealt, come across the same situation you facing right now so i can really help you,
although i am not a lawyer i have incorporate my company Heatrock Entertainment Inc. here in the state of NY, and there's alot of people, in my state, other states, and companies that's using my corps' name "Heatrock" and have similar name like Heatrock Productions, and even the same name heatrock entertainment inc. right now which im looking to sue real soon, you can email me,

i can help you because i already did a trademark search of the name One Vision Productions that you want to use, and the closest i cam with your name being used was One Viisiion Productions, LLC they are located in MARYLAND, so as long its not in New York, your state, you can start and use it, but to protect this name "One Vision Productions" after incorporating it forming it to an LLC, you gonna have to trademark it which i can help you do all that for a small fee, email me at: skydalimit1@gmail.com
Click to view handprint's profile Professional handprint 9 posts since
Jan 25, 2008
5. Re: Other Company with same name Mar 9, 2009 1:43 PM
The fact that someone is using the name does not meant they have a service mark - visit www.uspto.gov to if there is a trademark for the name. The fact that you change "One" to "1" does not matter for trademark purposes.

Also, the corporate name of the LLC does not have to be the same as your trade mark or service mark that the public sees. In NY, you could have a LLC named "One Vision Productions LLC" but because of trademark law, be prohibited from marketing yourself as "One Vision Productions."

David M. Walker, Esq.
Click to view onevisprod's profile Start-up onevisprod 2 posts since
May 11, 2009
6. Re: Other Company with same name May 11, 2009 4:01 PM
Hello,

I am the owner of One Vision Productions based in Atlanta, GA. My company was started in 2004 and I received a registered trademark name in 2005. I am currently awaiting a pending trademark on my name. I hope that this information will be helpful to you in choosing your company name.

Best regards,

Forrest
Click to view onevisprod's profile Start-up onevisprod 2 posts since
May 11, 2009
7. Re: Other Company with same name May 11, 2009 4:05 PM
I'm sorry, I meant registered tradname not trademark name.
Click to view cutcomp's profile Mogul cutcomp 28 posts since
Apr 23, 2009
8. Re: Other Company with same name May 12, 2009 2:14 PM
It can be difficult to sort out this issue. I started my company, Advanced Insurance Management, as a sole proprietorship back in 1987. I applied for and received a trademark on that name back a few years ago, but that gives only limited protection. First off, my trademark only applies to specific kinds of commercial enterprises, not to others. So there is some other insurance related entitity that started a couple of years ago, in some other part of the country, that uses the name Advanced Insurance Management. Since they don't do the same kind of work we do, it's probably not a fight I could win--at the very least, I've decided that it's not worth the effort to find out. They don't do the same kind of work we do, so it's probably arguable that there could be confusion caused by their use of that name.

Back in 2006, I changed my business to an LLC, we're now Advanced Insurance Management LLC. That may give us some additional protections, but who knows.

This trademark stuff can be difficult. Back in 1995, I published a book under the title CompControl (because it was all about how employers could control their Workers Comp costs.) But I didn't register that term as a trademark back then. When I subsequently tried to do so, back in 2007, I learned that someone else had already done so--and my use of the term for my book gave me no claim over the term. I had to remove that term from some of my web materials, because the person that had registered the name contacted me and pointed out that they held the trademark (and we were both in similar kinds of work.)

Your best bet, I think, would be either come up with a new name, or some more unique version of this name that you could then trademark. (VisionOne Productions? Vision 1 Productions? You get the idea.)

Good luck.
Click to view xBengo's profile Start-up xBengo 1 posts since
Jun 22, 2009
9. Re: Other Company with same name Jun 22, 2009 8:04 AM
Hi, I thought i'm the only one experiencing this problem, I just found out through Google Search that a company has legally
registered itself as "EBITS ONLINE LIMITED" in 2008 yet i have been
running my registered business as "EBITS ONLINE" since 2006. I have
done serious Internet marketing for my business in the last 3 years and its really annoying
finding another company in my search results with the exact same name
as my business. I don't know what action to take as of now because my
business is legally registered in Kenya and the other company is
registered in Essex UK. Any help?
Click to view dac2828's profile Professional dac2828 7 posts since
Jun 22, 2009
10. Re: Other Company with same name Jun 24, 2009 12:53 AM

These responses are a little confusing to me... but...

Call the other company and ask them if its okay. Are they a competitor? Pay them a few hundred bucks and have them give you permission to use the name. Perhaps they won't care.

Sueing isn't free.

To answer your question correctly, anyone can sue anyone for any reason, so yes it can be a potential problem. It may not be a legal problem, but if you get sued lawyers don't work for free.

Rather than wasting my money on a lawer to ask if its a legal problem just choose another name. Your name is really irrevelant in your business, I would assume.
Click to view austinstrick's profile Authority austinstrick 11 posts since
Jun 24, 2009
11. Re: Other Company with same name Jun 24, 2009 1:12 PM
I agree with Luckiest. Every organization must have a Lawyer and an accountant. :D
Click to view david_aa's profile Mogul david_aa 41 posts since
Jul 1, 2009
12. Re: Other Company with same name Jul 1, 2009 9:53 AM
Hello! To find whether your company name is already being in use, search for it within US Patent and Trademark Office website. And don't be disappointed if you find out it's being used. Consult a professional trademark attorney and probably you will find the slightest way of changing your product name so you could register it. Also if you decide to create another one, don't forget there are a few name categories that are not registerable.

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