Can my business name be similar to another business name if my name contains one additional word which makes it different?

I have a business name that is similar to one of my competitors unintentionally. I have built on the name and branded my products, cards etc. and I am in love with my company name. My name is similar but mines contains one additional word and the products that I will offer on-line will be much more extensive than my competitors. I will offer baby, girls, women, and boys clothing, gifts for the entire family, furniture, home decor, wedding gifts, shower gifts and many more. My competitor offers products for baby's and children only. Both of our stores are on line and there are already two other stores that have a similar name that seem to be continuing business with no problem. My website is being designed and it has a totally different flare, more of a larger retail store feel. Help Please!

Oakland, CA -

Attorney Answers (4)

Dana Howard Shultz

Dana Howard Shultz

Business Attorney - Oakland, CA
Answered

I agree with my colleagues: Rights and obligations in a situation such as yours are highly fact-dependent.

The only way you can obtain an answer - and, even then, it may not be definitive - is to discuss all of the relevant facts with with a qualified lawyer, who then can render an opinion.

This information does not constitute legal advice and does not establish an attorney-client relationship.
Athina Karamanlis Powers

Athina Karamanlis Powers

Fraud Lawyer - Beverly Hills, CA
Answered

More facts are needed for a reliable answer to your question. Those issues include : did you check if the name that you want to use has a copyright? Trademark? You state other businesses use similar name for years. How many businesses and for how many years? This is very important. The truth of the matter is that you are in almost the same business with the other "competitor" .That can create legal issues. You really need someone that is an entrepreneurial attorney to assist you with all the above prior of spending more money with the name you want to use.

Disclaimer: The information contained in this website is provided for informational purposes only, and should not... more
John Noah Kitta

John Noah Kitta

Divorce / Separation Lawyer - Fremont, CA
Answered

Your situation looks, tastes and smells of future problems. You have a two-fold analysis as follows: 1.) Your legal analysis and 2.) Your business analysis. In regard to the legal analysis, if the competitors are pre-existing in the business it really may be a tough go. It’s sort of the Silicon Valley syndrome where the big guys litigate the little guys out of business. Even if you stand on al fours legally you may not be able to afford to defend yourself in court till final resolution at the end of a trial. From my recollection of past history I don’t think you can open up any kind of business selling food with the name of McDonalds even though that’s your own family name. If your competition is not enormous in size maybe you don’t have to worry so much about the business factor. In regard to legal analysis it’s going to take a very comprehensive review by a competent attorney. You must give him or her all available information, data, statistics, comparison of products, etc.

If you have found this information helpful, please let the attorney know by marking best answer. Thank you.... more
Sreenivasarao Vepachedu

Sreenivasarao Vepachedu

Intellectual Property Law Attorney - Evanston, IL
Answered

I agree with my colleagues. You may want to think about a situation where you are very successful in what you are doing and making your namesakes jealous, whose products are of low quality. You may want to consider business strategy, rather than love for a name.

This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.