Legal Question in Business Law in California

DBA -- For Design Service -- Uncertainty

Greetings,

I am starting my own home-based design business, as a sole proprietor, in Los Angeles county, CA. I will be offering consultation and design for gardens and landscapes, and will also be offering interior & exterior stylying and makeover services. I finally settled on a name and checked with the Los Angeles County Clerks Office (as well as OC, SD, & SF County Clerks Offices), and found that the name was NOT in use. I then did searches on numerous search engines on-line (including dogpile) and also did not find the name in use. The domain name was also not in use. For the record, there were names that contained part of my name (my name has three words), but i'm sure this is quite common, right? Is that something I need to worry about? I can tell you my name, if it would help.

So, my question is: Should I feel fairly confident at this point, in registering my name, especially considering I am a small service based business? I can't really afford to hire someone to do a major search for me...but I also can't afford to be sued I guess!

Thanks so much for taking the time to read my question. I look forward to your answer.


Asked on 10/26/05, 8:58 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: DBA -- For Design Service -- Uncertainty

you are on the right track with your due diligence in protecting or researching the availability of the trade name you want to use. however, you may want to strongly consider doing a common law, as well as a federal search for the name if you want to truly protect yourself from potential infringement liability. your best bet right now would be to consult with an attorney regarding all of this. if you contact us today, we will set up a free consultation with you.

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Answered on 10/26/05, 9:11 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: DBA -- For Design Service -- Uncertainty

I'd say you've gone further with your name research than 95% of business founders. If no conflicts have cropped up yet, I'd say it's time to devote your resources and effort to the many other aspects of starting a business. That is, unless you'll be spending most of your capital resources on full-color advertising, engraved stationery, full-page phone book ads, expensive signs and the like.

One area of concern to me is, for example, whether your proposed business activities require a license, e.g., as a landscape architect or interior decorator. You've probably looked into this already, of course.

Accidental or concidental duplication or infringement of the name, etc. of an already-existing business more often than not results in a cease-and-desist demand letter rather than a lawsuit. This is because, if it is accidental, and discovered at an early stage, the plaintiff won't have suffered enough damage to make the suit worth while.

Being in business means facing a lot of uncertainties and taking a lot of risks. Not to belittle the importance of a "clean" name choice, but don't get over-focused on this.

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Answered on 10/27/05, 3:00 am


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