Legal Question in Business Law in California

naming a business

I am trying to name my business in the healthcare field. I came up with what I thought was a clever and appropriate name. It's not taken because it is a two word name.

As it turns out, I've come to find that the first word in the name is taken by a company that is also in the healthcare field (They do a different type of business). Their name is trademarked. So, my question is, can I still use the name given that it is slightly different, or would that be infringing upon their trademark?


Asked on 8/21/08, 2:08 pm

1 Answer from Attorneys
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: naming a business

You run a significant risk if you infringe upon a trademarked name. Based on what you have said, I would expect them to sue you because your name would confuse the general public with a too similar name.

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Answered on 8/21/08, 5:50 pm


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