Legal Question in Technology Law in Illinois

Domain name/business name conatins a name of another business w/ different spell

I want to form a business and the name I have chosen I also want to use as the domain name. The good news is that it is available. The bad news is that there is a company that spells it's name similar to the first part of the company name. That company has also registered the full company name spelled differently but it is never refferred to anywhere on the website. Can I incorporate with this name and register the domain without worry about the other company sueing? I have heard about the MikeRowSoft (sp?) situation. Do I have to worry about this type of thing?


Asked on 9/23/04, 11:47 pm

1 Answer from Attorneys
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Domain name/business name conatins a name of another business w/ different s

This is not so much an issue regarding domain name availability; it is a trademark law question. I also assume that when you say the other company has "registered" the name, you mean as a trademark.

You should have an attorney perform a comprehensive trademark search on the name you wish to use and then advise you. If you are interested in my services in this regard, please see my website at www.incorporatecalifornia.com - there is also additional background information on trademark law there.

(I am licensed in CA & IL)

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Answered on 9/24/04, 12:46 am


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