Legal Question in Business Law in Massachusetts

Naming a Business

I am planning to open a small business, a metaphysical book and gift shop. I want to call it ''Blue Pearl: Books, Beads and Gifts for the Soul.'' The name Blue Pearl is used by many other companies I have found online. Would this be some kind of trademark infringement for me to use this name? Thanks for your help.


Asked on 3/26/06, 5:50 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Naming a Business

This is something that you should discuss with a trademark lawyer. The root concern is "customer confusion" -- if one of the other companies that is using the name is engaged in business similar or identical to what you intend to do, then you would have a problem; if they run a bowling alley or an auto repair shop, there is no problem. Most likely, your situation is going to fall in the grey area between the above extremes, and you would need qualified counsel's advice.

Best wishes,

LDWG

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Answered on 3/28/06, 12:20 pm


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