I am starting a design business and have decided on a name that I really like after much searching to see what is still available out there. The domain is available for this name as is the DBA in my county, however there is a business of another type that also uses the first two words of the name I would like to use and I’m wondering if this is a problem or not, considering the way in which we each utilize the phrase in question…and considering we are in totally different industries.
Let’s say my name is “xyz 123 design”. Would this be a problem if there is an “xyz 123 holistic healing” business in my county? BTW, I did a search and found that “xyz 123 holistic healing” has not registered their DBA in my county nor has anyone else with the phrase “xyz 123”. Any thoughts or input?
My understanding is that there is only a problem if the names are similar and there is a possibility that customers might mistake one business for the other. If somebody turns up at your site by accident, looking for holistic healing, they’ll know at once they’re in the wrong place.
For example, calmac.com and calmac.co.uk belong to two very different businesses (admittedly also in different countries), but you wouldn’t mistake one for the other. They have co-existed for many years.
For example, calmac.com and calmac.co.uk belong to two very different businesses (admittedly also in different countries), but you wouldn’t mistake one for the other. They have co-existed for many years.
Apple in the UK was established in about 1964 to sell music.
Apple in the US was established 10 or so years later to sell computers.
There was no conflict until Apple in the US decided they wanted to sell music at which time they had to make a settlement with Apple UK in order to be able to do so. Just how much the settlement was has never been made public but it was presumably quite large as Apple UK didn’t have to allow Apple US to sell music if they didn’t want to as they already had that international market well staked out.
Thank you TechnoBear! Those were my thoughts as well. Although I hope I don’t confuse prospective holistic healing seekers when they come into my design office and see wind chimes and crystals everywhere!
