Legal Question in Business Law in Ohio

Similar names, completely different businesses

I have recently launched an internet business. A few weeks after launch it was brought to my attention by an associate that there is a company with a similar name to ours that has been in existance prior to our launch.

Our website www.alteroncasino.com

Their website www.alteron.com

Obviously the focus of our website is online gambling/gaming, while ''Alteron'' appears to be a distributor of audio and soundfx equipment. While we have not yet been approached by the owners of www.alteron.com, there has been some growing concern over the legality of our name.

Does the different aspects of our businesses/services & the difference in our domains provide my company with safety from litigation? Is there anything I can do to prevent this from occuring? Such as including a link on our website similar to ''Looking for Alteron Audio Equipment?'' or ''We are in no way affiliated with Alteron.com'' With a link? Or would that be more incriminating?

My thanks in advance!

(names and domains changed for confidentiality)


Asked on 1/09/03, 12:19 am

1 Answer from Attorneys
Steven Hill Steven A. Hill, Attorney at Law

Re: Similar names, completely different businesses

Given that they and you are in different lines of business, you are probably OK. You might consider, though, shoring up your rights to the name ALTERON CASINO for online gaming and gambling services, and maybe the for the whole www.alteroncasino.com and ALTERON by itself, by getting federal trademark registration. A quick search (not exhaustive at all) of the U.S. Patnet and Trademark Office (www.uspto.gov) shows no current registration for ALTERON. You could do that yourself, online. Some kind of search, though, might save you some grief and expense later.

As for the disclaimer, I don't see a need. If someone complains, maybe talk to an Internet attorney.

You are not a squatter. Nobody can claim exclusive use of a name for all times and for all purposes. As long as you don't steal business from the other, don't pretend to be the other, and the public is not confused, you are likely OK.

A more comprehensive analysis can be done by a trademark lawyer, in view of all of the facts.

Best of luck (pun intended)!

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Answered on 1/09/03, 7:51 am


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