Legal Question in Technology Law in California

similar domain name, trademark name - potential proble?

we would like to establish a trademark and domain name. in doing a domain name search we found a name spelled differently but sounding exactly like the name we wanted to use. the established domain name is a company that focuses on creating mobile, wireless, network applications for businesses and professional organizations. our focus will be servicing basic computer tech problems, providing educational books and newsletters, and beginner computer classes to the general public new to computers.

if we continue to use our name that sounds similar to this other company's name, will we have to worry about problems of changing our name because it sounds like his? further assuming that he has not registered his name, by commonlaw, would we be in danger of violating any copyright/trademark laws?

thanks!


Asked on 7/12/04, 2:18 pm

2 Answers from Attorneys
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: similar domain name, trademark name - potential proble?

If you desire to use this name, and potentially also to trademark it, you should consult with a California trademark attorney for advice.

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Answered on 7/13/04, 5:39 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: similar domain name, trademark name - potential proble?

Why would you want to use a name that sounds like another, similar company? People will call up Wongtech looking for Whangtech and vice versa. Pick another name. You will have far less grief and legal bills and you will be able to advertise on the radio.

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Answered on 7/12/04, 2:42 pm


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