Could I be facing a lawsuit in the future if my business becomes successful and its name has a 2 letter spelling difference from another business? 5 Answers as of June 09, 2014

I have a business name trademarked as an LLC. Recently, I discovered a very similar trademarked LLC in another state.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
It's not clear whether or not you and/or the other company have valid trademarks. If the other company has a valid trademark and you're both in the same line of business, then they might seek to stop you from using a similar name. If you also have a valid trademark you could use it defensively in case they try to stop you from using it. If these are solely trade names, which cannot be trademarked, then it is always possible for the senior user of a trade name to sue the junior user for unfair competition, If they are in the same line of business as you.
Answer Applies to: California
Replied: 6/9/2014
Webb IP Law Group
Webb IP Law Group | Jason P Webb
Only if there is a likelihood of confusions between the two businesses.
Answer Applies to: Utah
Replied: 6/9/2014
Microtechnology Law & Analysis | Daniel Flamm
The LLC is not a trademark, it is a form of business organization. If you are using a name and/or mark to identify services and that name is confusingly similar to a (preexisting) trademark, the preexisting trademark owner may require that you cease using the confusingly similar mark. Deciding whether there is requisite confusion depends on the nature of your product(s)/services, the region of extant use, the (previously) trademarked product(s)/services, and the prominence of the trademark in the region(s) of use. Infringement may also depend on whether your and/or the other trademark(s) are registered (which gives a trademark national scope). You probably need an attorney to help sort these things out for you.
Answer Applies to: California
Replied: 6/9/2014
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
It is possible. As an example... "You Are Great" is generally considered the same as "URGR8". If you are selling products in different industries then the chance is much less. A example is the mark "Infinity" where the is a car company, a company that makes speakers and many others. Because they all operate in different industries the potential for a customer confusing one business from another is small.
Answer Applies to: California
Replied: 6/9/2014
Shimokaji & Associates
Shimokaji & Associates | Michael Shimokaji
It's possible. Infringement is based on whether there is a likelihood of confusion. One factor to be considered is whether the names sound alike.
Answer Applies to: California
Replied: 6/9/2014
Click to View More Answers: