Does it matter that my on-line stores name is pronounced the same as a brick and mortar store, although it is spelled differently?

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Does it matter that my on-line stores name is pronounced the same as a brick and mortar store, although it is spelled differently?

I’m in the process of opening an on-line store and I found out at the last minute that there is a store in my home town with the same name as mine. Their store is spelled differently but pronounced the same. I’m wondering if that matters? They have a brick and mortar store and mine will be based almost strictly on-line. So in summary does it matter that our names are pronounced the same even if they’re spelled differently?

Asked on July 22, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have a possible trade name dispute in the making. Your online store has the same pronounced name of another business making bricks, but the spelling is different. The two businesses have different types of customers.

However, there is the possibility that potential customers might be confused by the same pronounced name of the two businesses despite different spellings.

Do you want potential confusion of your new business with the name of another company even though you and the other business do completely different things?

Do you want to spend money in building up your company's name to have problems down the road where the brick and mortar company claims you are infringinh upon its trade name.

You should consult with a business lawyer and consider an alternate name for your new online store.

Good question.


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