Legal Question in Business Law in Florida

I'm in the process of opening an online store and I found out at the last minute that there is a store in my home town with the same name as mine. Their store is spelled differently then mine but pronounced the same. I'm wondering if that matters, they have a brick and mortar store and mine will be based almost strictly online. So in summary does it matter that our names are pronounced the same even if they're spelled differently?

Asked on 7/22/11, 1:37 pm

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

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The issue regarding infringement on trademark, corporate or business name is whether the similar name provides some advantage to you in the same market as your competitor store. If the two businesses trade in different products in different markets, there is no issue. However, in the case of trademarks, pronunciation is not most important. Whether your business name is spelled Wal-Mart or Wallmarte makes no difference. Whether in advertisements or notices, if your business name or trademark would be confusing or misleading so as to cause customers to believe that your product or service is the same as that of your competitor, you are infringing on the rights of the original user of the mark or name. This is intended as general information and not specific legal counsel because all relevant facts are not known. You may benefit by seeking specific legal advice for your situation.

Answered on 7/22/11, 4:46 pm

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