Legal Question in Business Law in Massachusetts
business name conflict
There is a domain called the diet workshop dot com and there was a business called The Diet workshop. Would i have a problem naming a domain or running a site or business called for example Jerry Jingles Diet workshop?
1 Answer from Attorneys
Re: business name conflict
Without researching your specific term, in general, when there are few terms to describe something, and the description describes function (descriptive in nature) rather than being fanciful or creative, a trade name will be pretty limited in scope. That is, the Gardener's Shop will have less protection, geographically etc. than something like "Bud's Galore". It would be even more so if you discover that there are 20 different "Gardener's Shop" or variations thereof operating independently in different areas of the country.
Notwithstanding, after you think you have a clear name, you are well-advised to consult with an attorney.
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