Legal Question in Business Law in California

If a business in Ohio has the name (example): Over The Hill Productions, Inc (produces commercials, small films, etc since 2006) and I'm in Calif and want the name for a new business: Over The Hill Productions, LLC (creating & producing products for wholesale/retail) Is it possible that I can use Over The Hill Productions, LLC (this name is made up for an example). Or will it be considered a conflict? If not a conflict and I can use the LLC version, then can I trademark "Over The Hill Productions" if no one has with or without the LLC? Thank you.


Asked on 9/27/10, 7:51 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Whether the risk of litigation is acceptable to you depends on the similarity, if any, between your products and theirs; whether the term has gained recognition with the public; whether the Ohio outfit has money for lawyers; whether you have money for lawyers; whether their mark is federally registered, and other factors. The courts have been known to split the baby. The bag of pretzels on my desk is made by Snyder's of Hanover, not to be confused with Snyder of Berlin, the potato-chip manufacturer.. Starve two lawyers by selecting a name that is "arbitrary and fanciful."

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Answered on 10/02/10, 8:06 pm


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