If there is a company in the UK that has a similar name to mine here in the US, since we are in different countries would there still be an issue?

Get Legal Help Today

 Secured with SHA-256 Encryption

If there is a company in the UK that has a similar name to mine here in the US, since we are in different countries would there still be an issue?

In business, I understand similar names may pose legal trouble.

Asked on June 14, 2015 under Business Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There would only be an issue if:

1) You and the other company provide similar goods or services;

2) You both sell, despite being in different nations, to the same market, which is unlikely but possible (e.g. if you both sell primarily by internet and furthermore, you are marketing and selling to the same pool of customers); and 

3) The names really are confusingly similar.

If the above is the case, there may be a likelihood of customer confusion and/or violation of trademark, trade name, or service mark. In those situations, the older, most established company (using the name first) may be able to prevent the other from using the name; but to do so, would have to file a legal action in a court with jurisdiction over the alleged infringer, which is difficulty and expensive to do internationally.

Overally, the likelihood of a problem in real terms is very low, unless one or both of you are such large companies as to make an international legal fight worthwhile if 1) - 3) above are met.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption