Business name

mikelane84

I scoured the internet before deciding on a name to call myself on paper, and settled on Flashbang Photography after finding only one conflict (in England). That is the label I have slapped on everything. Recently, I decided to register my own domain. I found that there is a photographer who has the website. Considering that his site states he has been shooting for over 10 years, I know he has it fair and square.

So, my question is, do I have to change it, or can I just chalk it off as one of the many times that two or more companies are called the same thing?

ColoradoSkier

You can try to peacefully coexist. But if one of you registers it as a trademark, then the other will need to stop using it.

mikelane84

ColoradoSkier wrote: »

You can try to peacefully coexist. But if one of you registers it as a trademark, then the other will need to stop using it.

Will there be any flashing neon signs if he does? I'm not sure what that entails.

ColoradoSkier

mikelane84 wrote: »

Will there be any flashing neon signs if he does? I'm not sure what that entails.

No, enforcement will come in the form of a cease and desist letter. It is pretty irritating when it happens, especially when you have been using the name longer than the person sending the letter.

Foques

^^
and this is what happens when it does.

Angelo

I'm confused. You want the domain name but someone else has it already? So that makes it unavailable to you. What am I missing?

and who is this? I'm assuming it's the other guy but I see no profile that speaks to his years of experience.


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mikelane84

Angelo wrote: »

I'm confused. You want the domain name but someone else has it already? So that makes it unavailable to you. What am I missing?

and who is this? I'm assuming it's the other guy but I see no profile that speaks to his years of experience.


.

I wasn't conflicted about the domains. I was just concerned about simply coexisting. This is the guy I was referring to. I would have preferred to cut the name down like that in the URL.

KoryJ

mikelane84 wrote: »

I wasn't conflicted about the domains. I was just concerned about simply coexisting. This is the guy I was referring to. I would have preferred to cut the name down like that in the URL.

try flashbangfotos?

chrisjohnson

Ideally you should register a tradename early on. There is something called the Madrid agreement which means you can get this recognized internationally. The whole process costs you a few hundred dollars only, when you are lucky.

Using the tradename of someone else, even when they have not registered, may make you vulnerable. The law is not watertight. A previously unchallenged trading history gives you rights in any country recognizing common law eg UK.

Still, when you think your tradename will become valuable enough for someone to hire a lawyer to chase you, then you had better be registered. As Chester said, the worst scenario is to build a business leveraging an unregistered trade name and have to back off because you can't afford to defend your case in court. We all know Apple spend a lot of money to register their rights to Ithis and Ithat. Many ordinary people simply decide to run a business under their own name because an own name cannot be trademarked and they are then safe.

The other way is to buy a tradename from someone who has already registered. Like URLs, the good ones have already gone to speculators hoping to make a buck.

mikelane84

goldenballs wrote: »

Ideally you should register a tradename early on. There is something called the Madrid agreement which means you can get this recognized internationally. The whole process costs you a few hundred dollars only, when you are lucky.

Using the tradename of someone else, even when they have not registered, may make you vulnerable. The law is not watertight. A previously unchallenged trading history gives you rights in any country recognizing common law eg UK.

Still, when you think your tradename will become valuable enough for someone to hire a lawyer to chase you, then you had better be registered. As Chester said, the worst scenario is to build a business leveraging an unregistered trade name and have to back off because you can't afford to defend your case in court. We all know Apple spend a lot of money to register their rights to Ithis and Ithat. Many ordinary people simply decide to run a business under their own name because an own name cannot be trademarked and they are then safe.

The other way is to buy a tradename from someone who has already registered. Like URLs, the good ones have already gone to speculators hoping to make a buck.

Thank you.