General Legal Issues

The legal structure of your business and general small business legal issues.

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Old 05-05-2011
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Question business name choice legality?
Hello, all!

I have maybe decided on a name for my business, but I think I may have hit a snag...maybe...potentially...s ort of...

Let's say (for the benefit of illustration), that I want to call my VA company 'Our Pizzaz, LLC'. Upon searching, I find that there is a company in Australia called 'OurPizzaz Pty Ltd' (note no space). I will be doing VA work, and they seem to offer financial services.

They have OurPizzaz.com.au. I want either Our-Pizzaz.com, or OurPizzaz.com (although that may be pushing it on legaliity, right?).

What should I do? Has anyone been in this position?
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Old 05-06-2011
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Default Re: business name choice legality?
I forgot to mention that I am in Indiana, USA (if that helps). Any thoughts?
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Old 05-07-2011
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Default Re: business name choice legality?
Hi Luke, I honestly don't have a solid answer for you - but my understanding is that you cannot use a name that is already in use in your state (in the U.S.) regardless of their industry, etc. I don't know how that plays into overseas companies.

I ran a Google search to see if I could find an answer for you and it does sound like the U.S. is a member of something called the WIPO which governs trademarks and copyrights internationally. The information at the link I've shared here goes into some detail about what you can do and what you can't in terms of using a name that's already in use in another country. I hope this info helps a bit!

I'd be curious to find out what you learn (from my understanding of the info at the link, unless the other company is considered 'famous', and assuming they don't have a copyright or business entity established here in the States, it would be ok for you to use the same name here in the States)
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Old 05-07-2011
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Default Re: business name choice legality?
Luke it's my understanding that the general rule of thumb is that two companies [I]in the same or a similar business[I] cannot have a very similar name as this would cause public confusion. For example, if two small companies sold widgets and one was called King Widgets and the other KingWidgets the generalpublic would assume both were the same company and one company may unfairly gain more business over the other.

I don't believe small businesses tend to go in for trademarks but the big boys do. Calling your company Pets mart would surely have Petsmart down on you like a ton of bricks.

Laws and regulations vary from state to state and country to country so, if you can, try to think of something that speaks to what you do but is totally unique. As we work with clients around the world it's a difficult choice and will need much research before you decide.

Best of luck!

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Old 05-07-2011
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Default Re: business name choice legality?
You don't want confusion on the part of potential or current customers... if someone accidentally gets referred by web over to another country they may not bother to try again or may even think (and tell others) it's a scam... keep it simple sweetie!!
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Old 05-13-2011
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Default Re: business name choice legality?
I agree, its probably not worth the confusion. Have you got any alternative business names??
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Old 05-13-2011
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Default Re: business name choice legality?
Hey lukeg - just wondering if you had come up with anything yet.
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Old 05-13-2011
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Default Re: business name choice legality?
@Deb

I've added the word "Virtual" on the end of my idea business name, and am still kinda up in the air about where to go from here. Now I need to do my due diligence again in searching for those new terms as a trademark or registered business.

The whole process seems to be squishing along at a snail's pace right now. But, it'll get better!
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Old 05-13-2011
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Default Re: business name choice legality?
perhaps you can just google the name you want and if no bites, go to your state business site and see if there are any businesses registered with that name. I am a Registered Agent for the State of Illinois so that is the only state I am familiar with, but their website is really easy to use.
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