Legal Question in Business Law in Oregon

buisness copyright

I am looking to start an internet based business selling car parts I make.lets say for example that my internet business is gonna be called sweetchocolate.if I already own the domain name and such to sweetchocolate then what else will i need to protect the name sweetchocolate so no one else can use it.i would imagine a business copright of sorts,but which kind and how?

I only want to sell my products online but be able to ship anywhere in the us and possibly other countrys.i live in Oregon,and am having a hard time finding info on this subject.i really want to make it legit i have a good business name picked out and want it all legalized before its taken. so if anyone can help point me in the right direction i would really appreciate it

thanks

Shawn


Asked on 8/10/07, 6:51 pm

2 Answers from Attorneys
Daniel Meek Daniel W. Meek

Re: buisness copyright

Go to http://egov.sos.state.or.us/br/pkg_bc1_web_interview.bic_home

and complete the business formation wizard.

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Answered on 8/10/07, 7:12 pm
Brian Kinder The Kinder Law Group

Re: buisness copyright

What you are talking about is not copyright, it is trademark. Copyright protects the content (i.e., literary and artistic elements) of your soon to be website, while trademark protects the name of your company and any products or services you offer. You should consider registering your copyright for your website while you are working through the trademark issues.

On the trademark side, you must be cautious since the test for trademark infringement is not whether the names are identical, but whether the use of the name is "likely to cause confusion in the marketplace." If the name you want to use is confusingly similar to some other business, you could have a dispute on your hands. You need to have a trademark attorney do a search to determine if the mark is available. If it is available, then you should register your trademark as well if appropriate.

If you want to discuss costs, please feel free to contact me. Although I am located in California, these issues are Federal in nature and I work with clients all over the U.S. in resolving such matters.

Good luck and take care.

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Answered on 8/10/07, 7:24 pm


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