Legal Question in Intellectual Property in California

Your Zip code "03054" would place you in Merrimack, New Hampshire, yet you're asking this as a question of California law. "Beating the Odds" is headquartered in Pennsylvania.

There was a ''BEATING THE ODDS THRU MIEISHA'' FOUNDATION, INC. in California, formed a few years ago but currently suspended.

My guesses are that (a) you would be allowed to incorporate in California, or (b) in New Hampshire under either state's not-for-profit corporation laws, since your proposed name is presumably sufficiently different from any currently-registered corporation in those states.

However, (c) I think the probability of a lawsuit alleging common-law trademark infringement or some similar tort is moderately high, and might depend primarily upon how large and well-known your foundation became.

My recommendation would be to discuss your proposed name choice with the folks in Pennsylvania, to see whether they strenuously object and whether they would enter into a written non-suit agreement with you.

It sounds like you may have a trademark issue on your hands. Feel free to call our office for a free consultation to ensure you don't end up misappropriating someones else's intellectual property. Toll Free 855 IDEA BANK.