Legal Question in Business Law in New York

Incorporation Name Question

I want to name my company - lets say

RAINBOW INDUSTRIAL, Inc. and there are tons of RAINBOW clothing, rainbow metals, already exist with this name rainbow, inc. Can all of these companies sue me? and If I trademark raibow industrial, does that mean I am exempt and that I do not have to sorry about lawsuits?


Asked on 7/14/09, 9:35 pm

1 Answer from Attorneys

Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Re: Incorporation Name Question

You could file it as a Federal TM to capture all the areas where there is no one else using that specific name, along with the rights to use it in those areas. At this time, there does not appear to be an entity in Maryland named, say, "Rainbow Industrial", either. Whether or not someone will decide to file suit for specious reasons is out of your hands. Winning that lawsuit requires the right intellectual property planning.

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Answered on 7/14/09, 11:08 pm


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