Legal Question in Business Law in California

Business question of sorts

I live area where bowling is very popular. The bowling teams all have a clever name. I want to make the bowling teams clothing and make money. They can log onto my site, find their team, and order their clothing. But I NEED (don't ask why) the first step in the ordering form to be ''Name of bowling alley'' at which they play. Lets say it's ''Calvins Bowl Bananza'', can Calvins Bowl Bananza file a law suit against me for putting their name on my website?


Asked on 2/25/08, 10:58 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Business question of sorts

There's an important difference between "being able to file" a lawsuit and being able to win it. Winning most kinds of lawsuits requires being able to prove damages. Where is the harm to Calvin's if you mention them? Businesses get mentioned all the time on Web sites, in the newspaper, etc. I can't see that you are invading any protected right or causing them any financial harm nor diluting any trademark.

Consequently, I'd say they have no apparent motive to go to the trouble and expense of filing a lawsuit, and if they did, although you would have some hassle and expense to defend against it, they probably would lose or at least be awarded so little in damages that it would be a joke.

I can't and don't give your project a clean bill of legal health based on very little information, but of the face of it I see little or no risk.

You might consider incorporating the business or using an LLC to give you an extra margin of safety.

Read more
Answered on 2/26/08, 12:21 am


Related Questions & Answers

More Business Law questions and answers in California