Naming a Business (Copyright Question) - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Russic · 10-02-2009, 02:15 PM

Seeing as CP appears to be ripe with lawyers and the self-employed, I figured this would be the logical place to bring my question.

If I were to start up a business, how similar can the name be before I run into legal trouble? For instance if I wanted to name my business Ha Ha Stupid Oilers Design would there be a problem if there was a company named Ha Ha Stupid Oilers Dynamic Media? Before anybody asks, no I am not naming a company that, it's merely an example.

Any help would be appreciated.

Titan · 10-02-2009, 02:27 PM

Mak Ronalds. You are good to go.

HelloHockeyFans · 10-02-2009, 02:27 PM

I don't believe that your name must be unique, but a unique name is the way to go to avoid potential trademark issues down the road... and the name must be approved by the province's corporate registry.

Sample00 · 10-02-2009, 02:29 PM

Quote:

Originally Posted by HelloHockeyFans

I don't believe that your name must be unique, but a unique name is the way to go to avoid potential trademark issues down the road... and the name must be approved by the province's corporate registry.

Noob nailed it.
try to be as unique as possible.
do a trade name search at the local registries. If there is a situation where the names are similar, they will let you know and will probably advise you to go in a different name direction.
You can then do a trade name registration and corporation (if you so choose)

Titan · 10-02-2009, 02:29 PM

I'll leave the real answer for the real lawyers but I believe the ability to name is based on the availability in the corporate registry in the region you are in.

That is different from whether the other owner will sue you for infringement of copyright. In your example I would expect that.

Shazam · 10-02-2009, 02:30 PM

Depends on what the company does. If it's in a similar industry, yes, they can sue you. Keep in mind that anybody can sue anyone for anything, so if someone wants to be a jerk, well, they can.

I don't think you can copyright business names - you can only trademark them.

troutman · 10-02-2009, 02:31 PM

http://www.servicealberta.gov.ab.ca/846.cfm

http://www.servicealberta.gov.ab.ca/705.cfm

Although there are few restrictions on a business name, you should choose a business name carefully. If the name chosen is the same as, or similar to, an existing trade name, corporate name, or trademark, the owners of the other name or trademark could take your business to court, and ask a judge to stop the use of the name and award damages.

It is therefore recommended that a Business Name Report be obtained to help you decide whether the name you have chosen is appropriate. The name of an Alberta limited liability partnership (LLP), however, cannot be identical to any other Alberta or extra-provincial LLP.

Titan · 10-02-2009, 03:19 PM

Quote:

Originally Posted by Shazam

Depends on what the company does. If it's in a similar industry, yes, they can sue you. Keep in mind that anybody can sue anyone for anything, so if someone wants to be a jerk, well, they can.

I don't think you can copyright business names - you can only trademark them.

I think you are right. Which is why I should have let it lie.

Russic · 10-02-2009, 03:37 PM

You've all been very helpful ... and gut wrenching. Do you know how long it took me to come up with a name I actually liked? Back to the drawing board I suppose!

Titan · 10-02-2009, 03:40 PM

Try TJImages!!!!!!!!

maybe with a nice asian symbol perhaps?

http://www.jtimages.ca/

Will it not let a link be in white text? Weird.

Titan · 10-02-2009, 03:41 PM

Well hell. When I can't figure out white text it is time to call it quits!

Bobblehead · 10-02-2009, 03:45 PM

Quote:

Originally Posted by Titan

Well hell. When I can't figure out white text it is time to call it quits!

[COLOR="White"]white text[/COLOR]

driveway · 10-02-2009, 06:59 PM

Quote:

Originally Posted by Russic

You've all been very helpful ... and gut wrenching. Do you know how long it took me to come up with a name I actually liked? Back to the drawing board I suppose!

Don't be too concerned, my place of business has an inch-thick binder that lists all of the various north america businesses who have a similar name to ours. We've had no problems from anyone yet and are into our third year of business, nor do we foresee issues in the future.

Russic · 10-03-2009, 09:20 AM

What an odd coincidence ... my business was going to consist mainly of saving Neeper's photos from his blog and shopping out his watermark and replacing it with my own then selling the prints for twice the profit. I hope he doesn't mind.

Caged Great · 10-03-2009, 09:26 AM

For example, the business that I own only had one other that was even close, but that's my uncle's company and has long since closed.

Kev · 10-03-2009, 10:23 AM

Quote:

Originally Posted by Russic

You've all been very helpful ... and gut wrenching. Do you know how long it took me to come up with a name I actually liked? Back to the drawing board I suppose!

I wouldn't give up on the name yet especially if you like it. Go to a registries office and have them do a search for you, and even see if you can get it to be approved before you go changing anything. It might cost a few bucks, but it' not expensive.

You Need a Thneed · 10-03-2009, 11:52 AM

When our company was started 15 years ago, it was unique, and we had the name trademarked. There now is two other companies in Calgary that use the same name. As of yet, it hasn't been an issue, but we could easily force the other companies to stop using the name, especially the one that is in the same industry as us. Occassionally, we get a fax or something that's meant for the other company.