Legal Question in Intellectual Property in California
naming rights
im starting a clothing company called H.E.R.O. but there is another company called Hero clothing so i am wondering if the law would force me to change my name even though it is an abbreviation of a phrase
4 Answers from Attorneys
Re: naming rights
I think V.I.L.L.A.I.N. clothing will sell better, anyway.
Re: naming rights
Actually "naming rights" refers to Trademark and, under trademark law, the hurdle to clear is whether or not your name is "confusingly similar" to the other name - which, in your case, it is. You are both even in the same business. Of course, you can always try to start out with "H.E.R.O." and wait to see whether or not Hero Clothes poses an infringement action.
Re: naming rights
Yes... they will try (and probably succeed) in forcing you to use a different name.
The lawsuit will cost tens, if not hundreds- of thousands of dollars.
Choosing a new name for your company will not, since you're just starting out.
Talk to a lawyer or conduct a trademark search before settling on a new name.
Re: naming rights
You may have a trademark issue. Contact me directly for some solutions.
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