Legal Question in Business Law in New Jersey

company names

i want to start a mma clothing company. the name i had in mind is already out there for a snowboard clothing company. my question is can 2 companies have the same name if the are in unrelated fields. like say they were brandname clothing could i be brandname fight gear


Asked on 10/22/08, 6:51 pm

2 Answers from Attorneys
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: company names

No! If the other company has a tradename or trademark you would be violating its mark and your company could be sued and there would most likely be a Restraining Order against you. Because both businesses are in clothing, there would be a high likelihood of confusion. You would be better working with an original name.

Before you go any furhter, please check this out with your tax and business attorney.

I hope this helps!

Ron Cappuccio

http://www.BusinessEsq.com

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Answered on 10/22/08, 7:16 pm
John Corbett Corbett Law Firm LLC

Re: company names

There is no hard-and-fast rule, but the fact that both companies would be selling clothing as a principal product would probably determine the issue. I would advise against it unless you like the name so much that you want to spend some of your investment in a court battle.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/22/08, 10:53 pm


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