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14 Replies Latest reply: Dec 22, 2009 7:25 PM by Bridge RSS

Other Company with same name

KayPolanco Newbie
Currently Being Moderated
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?
  • Re: Other Company with same name
    LUCKIEST Master
    Currently Being Moderated
    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
  • Re: Other Company with same name
    Lighthouse24 Master
    Currently Being Moderated
    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.
  • Re: Other Company with same name
    skydalimit Novice
    Currently Being Moderated
    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
  • Re: Other Company with same name
    skydalimit Novice
    Currently Being Moderated
    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
  • Re: Other Company with same name
    handprint Newbie
    Currently Being Moderated
    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.
  • Re: Other Company with same name
    onevisprod Newbie
    Currently Being Moderated
    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
  • Re: Other Company with same name
    onevisprod Newbie
    Currently Being Moderated
    I'm sorry, I meant registered tradname not trademark name.
  • Re: Other Company with same name
    cutcomp Novice
    Currently Being Moderated
    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.
  • Re: Other Company with same name
    xBengo Newbie
    Currently Being Moderated
    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?
  • Re: Other Company with same name
    dac2828 Newbie
    Currently Being Moderated

    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.
  • Re: Other Company with same name
    austinstrick Newbie
    Currently Being Moderated
    I agree with Luckiest. Every organization must have a Lawyer and an accountant. :D
  • Re: Other Company with same name
    david_aa Novice
    Currently Being Moderated
    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.
  • Re: Other Company with same name
    Novice
    Currently Being Moderated
    My question would be, If you produced, movies, books or lit, ect. under that name. Then some one tries to register the name, SEEMS to me they are infringing on your copy write??????
  • Re: Other Company with same name
    Bridge Expert
    Currently Being Moderated

    A registered trademark just give someone more legal recourse if the name is infringed on. If a company was using the name in commerce before you, they have first rights to it, regardless if they or you trademark the name.

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