Legal Question in Business Law in Illinois

Similarity of Business Names?

There is a business in Chicago named ''Audio Consultants.'' I am starting my own business, and I want to name it ''Chicagoland Audio Consultants.''

Given that there is already a business named ''Audio Constultants,'' should I choose a different name for my business than ''Chicagoland Audio Consultants'' if I want to stay out of court?

My business will not offer any of the services that ''Audio Consultants'' does. My business is more niche.

Thanks, any info would be much appreciated.


Asked on 4/03/07, 9:09 am

4 Answers from Attorneys

Noelle Ansley Noelle Ansley

Re: Similarity of Business Names?

Do not use the name "Audio Consultants" in your name or expect a cease and desist letter as soon as you get your first sign up. Avoid trouble and just pick a name than has not been used. You can always identify the nature of your business as "audio consultants" but you will not be able to get a trademark registration for the name (and be sure to register your new name and any logo you plan to use).

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Answered on 4/03/07, 10:06 am
Robert Preskill Robert Preskill

Re: Similarity of Business Names?

You should choose a different name -- there are two issues that I see: (1)In choosing your fictitious business name or corporation name, will you receive approval and (2) is there a commonlaw, state or federal trademark right in the name.

For more information, I would like to meet with you to discuss.

I am located on LaSalle street in Chicago.

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Answered on 4/03/07, 10:14 am
Peter LaSorsa The Law Offices of Peter M. LaSorsa, P.C.

Re: Similarity of Business Names?

Why chance trouble especially when you are just starting out. Hire an attorney, do a trademark search, register the new name and have one less thing to worry about in life. Just a few thoughts, you could use chicagoland audio if that isn't taken, or chicagoarea audio, again if not taken. Then in the tag line you could say something like "audio consultants to the metro chicago area" If you have or are going to have a website there are some additional issues. Pete

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Answered on 4/03/07, 10:35 am

Re: Similarity of Business Names?

Legally, without permission from the current holder, you may have tradename/trademark issues. However, by calling it Chicagoland Audio Consultants or something similar you probably can have the name incorporated. That will not solve the other issue.

Have you contacted the current user of the name? Perhaps they will allow you to use the name since yours is a niche

business and not a competitor. You never know, you might be able to set up a system of referrals that would benefit both of you.

A name that is not geographic may work if the name is substantially different.

For example, your own last name or first name followed by audio consultants.

Regardless, you should contact an attorney as these are just general ideas that may or may not apply to your situation.

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Answered on 4/03/07, 10:47 am


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