A while back I set up google alerts on my business domain name "InitialPhotography", and now I'm glad I did.

I just found that there is another business that licensed with the same business name operating in the same state as us with a slightly different domain name. We're www.initialphotography.com and they're www.initialphoto.com.

My business was started in April of 2006, and their business was started in July of 2009. I thought that the state's business licensing department is suppose to prevent two businesses from operating with the same business name, in the same state, working in the same sector.

I'm not terribly worried about the two domain names being confused, or about them stealing business from me or anything like that. What I am VERY concerned about is them using some of our business accounts at local photography stores or accessing our business bank accounts, or for my business to somehow get stuck with one of their bills.

I don't want to be a jerk to someone trying to start a photography business but I don't want to leave myself open to fraud.

Has anyone else ever had this happen to them? If so, how did you handle it?

Hey Andrew-



Sorry to hear that someone so close has such a similar name. Have you tried contacting them to see if they are aware of the similarity. It seems you are in different aspects of the business so they have as much to gain/lose as you with people going to the wrong site.

Not sure how to handle the business concerns such as banks or local accounts other than contacting each business and only authorizing specific names to access or use accounts.

Lesson to be learned by everyone here about purchasing domain names though. Purchase anything similar to your domain name to help prevent such an issue.


Hope everything is on the up and up with this couple.

Originally Posted by anwmn1 Hey Andrew- Sorry to hear that someone so close has such a similar name. Have you tried contacting them to see if they are aware of the similarity. It seems you are in different aspects of the business so they have as much to gain/lose as you with people going to the wrong site. Not sure how to handle the business concerns such as banks or local accounts other than contacting each business and only authorizing specific names to access or use accounts. Lesson to be learned by everyone here about purchasing domain names though. Purchase anything similar to your domain name to help prevent such an issue. Hope everything is on the up and up with this couple.

Before I do anything I'm going to speak to a business lawyer friend of mine and try and understand what (if any) are the real world legal ramifications to me, and what I should consider before I decide to contact the person.

I'm also going to speak to the state's department of business licensing to find out how this can happen.

I'm not sure about WA, but when I licensed here in VA, they don't check for like business names if you're registering as a sole proprietor - only if LLC, etc. It doesn't make sense to me, because if I ever want to develop an LLC and someone beat me to it, I'll then have a problem. But since when has bureaucracy made sense?

Have you registered for a trademark? If being the only one with your biz name is important to you, I would recommend it. Of course, you'll want to check that no one has beat you to the punch.

Originally Posted by Mox I'm not sure about WA, but when I licensed here in VA, they don't check for like business names if you're registering as a sole proprietor - only if LLC, etc. It doesn't make sense to me, because if I ever want to develop an LLC and someone beat me to it, I'll then have a problem. But since when has bureaucracy made sense? Have you registered for a trademark? If being the only one with your biz name is important to you, I would recommend it. Of course, you'll want to check that no one has beat you to the punch.

I really don't care if anyone else has the same name (there is actually at least one other web site with the same sort of name). I'm just worried about getting into some legal or financial entanglement because we share the same business name in the same state.

I actually hate the ideal of going after someone trying to start a photography business just to cover my butt.

I did a search on the states business license site and both of us show up, it also notes on the site to be careful when you select your business name, because you could get sued if you are using a business name that is held by someone else.

Lesson to everyone: USE GOOGLE ALERTS! It's totally worth the cost!

This is why many businesses actually buy every single variation of their name and also TRADEMARK them .......tademarking can become a bit pricy but it keeps things like this from happening and so does buying up all the domain name variations.......that is not just DOT COM....but .net, .info, .tv, .usa ......a;; pf the TLD's (top level domains) out there.....so a person could conceivably have a roster of 10-100 domain names they own for the life of their business..........the ones that do this have said they do it to save on atty & court fees down the road from having to sue or being sued by someone with nearly the same name......

Originally Posted by Art Scott This is why many businesses actually buy every single variation of their name and also TRADEMARK them .......tademarking can become a bit pricy but it keeps things like this from happening and so does buying up all the domain name variations.......that is not just DOT COM....but .net, .info, .tv, .usa ......a;; pf the TLD's (top level domains) out there.....so a person could conceivably have a roster of 10-100 domain names they own for the life of their business..........the ones that do this have said they do it to save on atty & court fees down the road from having to sue or being sued by someone with nearly the same name......

I talked with a friend whose business went thought this: $5000+ for trademarking their name then I can't even begin to think how many variations there are on the domain name

The biggest concern for me isn't the similarity of the domain name, its the fact that they are operating in the same state, doing the same business, with the exact same licensed business name. I just foresee potential for all sorts of weird problems that won't be fun to deal with.

I would start with just calling them and letting them know that their name is the same as yours and that they shouldn't have been allowed to use that name by the state when registering it. See what their reaction is.

They may say sorry and switch to their 2nd choice name (we all have one). They may want to fight about it. At that point, I'd just say thank you and let your attorney handle it and send them a letter.

You definitely don't want another business confused with yours. You've worked hard to build what you have. You don't want someone else 'coat tailing' off your work, or worse, damaging your reputation with inferior work confused as yours. Preventive measures are best in cases like this.

Originally Posted by SamirD I would start with just calling them and letting them know that their name is the same as yours and that they shouldn't have been allowed to use that name by the state when registering it. See what their reaction is. They may say sorry and switch to their 2nd choice name (we all have one). They may want to fight about it. At that point, I'd just say thank you and let your attorney handle it and send them a letter. You definitely don't want another business confused with yours. You've worked hard to build what you have. You don't want someone else 'coat tailing' off your work, or worse, damaging your reputation with inferior work confused as yours. Preventive measures are best in cases like this.

I'm not sure that there is anything to prevent two companies (that are not corporations) from having the same name. I think the only thing the state does to prevent it from happening is a notice on the state's web site that says that if you use a name that someone else is using that you could be sued. We are confirming this is the case with the state dept of licensing on Monday.

To complicate matters it turns out they also have an account with the same bank (same bank, same business name, same state) Found this out when we tried to close an account that we weren't using and were being charged a monthly fee on, and the question came up, "which Initial Photography are you?"

I plan on calling the other Initial Photography and explaining the situation to them, and ask them to change their name. I just want to make sure I'm clear about my rights before I do call them (not that I plan on threatening them or anything).

Here in New Jersey they do check for name similarities. Not long after I registered my Daylight Images name (which is now an umbrella name for all my media related work) I had someone write me saying the state needed permission from me to register her preferred business name (actually, the two names were different enough that it wouldn't have raised a flag with me). I told 'em go ahead. I guess some states check, some states don't.

Originally Posted by greenpea I'm not sure that there is anything to prevent two companies (that are not corporations) from having the same name. I think the only thing the state does to prevent it from happening is a notice on the state's web site that says that if you use a name that someone else is using that you could be sued. We are confirming this is the case with the state dept of licensing on Monday. To complicate matters it turns out they also have an account with the same bank (same bank, same business name, same state) Found this out when we tried to close an account that we weren't using and were being charged a monthly fee on, and the question came up, "which Initial Photography are you?" I plan on calling the other Initial Photography and explaining the situation to them, and ask them to change their name. I just want to make sure I'm clear about my rights before I do call them (not that I plan on threatening them or anything).

Hmmm...difficult situation. I'd get some legal advice to know exactly what your rights are. Worst case scenario, I guess you'll the one who will have to move banks, change phone numbers, and change your business name.

my understanding was that business names only have to be just fractionally different to be considered different, it was like a small percentage difference too. Dropping the "graphy" might be enough to make it different enough to operate under the name, legally.

Originally Posted by Dionysus my understanding was that business names only have to be just fractionally different to be considered different, it was like a small percentage difference too. Dropping the "graphy" might be enough to make it different enough to operate under the name, legally.

Although we have the URL initialphotography.com and they have the URL initialphoto.com we are both listed with the state as having the same business name Initial Photography and we both have accounts with the same bank with that name.

We spoke to the state dept. of business licensing and the said we're out of luck. The state only prevents corporations and LLCs from doing business under the same name, not partnerships or sole proprietors

I'm going to mail the other company and politely ask them to change their name, then see where it goes from there.

I'm just going to throw my 2 cents in about a trademark again, then I'll leave it alone. I know you say you don't care about people using your name aside from legal hassles, but the problem is - as soon as you email this other company, they may do a tm search, find that it's not registered or pending, and then file for it themselves. If someone else registers it before you do, they can then force you to change your name. It doesn't matter that you had it first.

If you don't mind changing your company's name, then it's no biggie, of course. Otherwise, I'd get the application rolling before I contacted them.

OK, going back to my rock now...;)

Originally Posted by Mox I'm just going to throw my 2 cents in about a trademark again, then I'll leave it alone. I know you say you don't care about people using your name aside from legal hassles, but the problem is - as soon as you email this other company, they may do a tm search, find that it's not registered or pending, and then file for it themselves. If someone else registers it before you do, they can then force you to change your name. It doesn't matter that you had it first. If you don't mind changing your company's name, then it's no biggie, of course. Otherwise, I'd get the application rolling before I contacted them. OK, going back to my rock now...;)

I would have a hard time dealing with the time, effort, and $5K+ required for trademarking my name. I do realize that trademarking my name is the only real way to protect a business name.

I am considering something that a lawyer friend of mine mentioned that is something like a State of Washington Trademark, it's far cheaper and it would at least protect my business name in my home state of Washington.

My federal trademark app only cost $375. Good luck, either way!

Originally Posted by Mox My federal trademark app only cost $375. Good luck, either way!

I think I've been talking to the wrong people about federal trademarks!

Federal Trade Mark and Patent Office Price List .......for Trade Marks of course.......seems $375 is the going price....when I originally said it could get pricey....I meant if your started trade marking several variations of your name........

Originally Posted by greenpea I think I've been talking to the wrong people about federal trademarks!

If you don't know what you are doing then going at this pro se may not be a wise decision. Seek guidance from a registered trademark attorney. The process to register a trademark can be time-consuming and have a lot of challenges - especially if faced with trademark opposition.

Terrible situation, but great insight in this thread. I hope a smooth and easy solution can be found, like the other owner just says okay and changes names.