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  1. #1
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    Starting a business with a common name.

    Jurisdiction / State: Indiana

    Hi folks,

    I am a disabled veteran and want to know if this would be ok. I am making birdhouses and wanting to call my business DAVBIRDHOUSE and possibly make a website to sell them. The DAV stands for Disabled Veteran and would be stated on the web site. These bird houses were made by a disabled veteran. There would be a disclaimer that davbirdhouse is NOT affiliated with Disabled Veteran Offical Government Agency. Since I am a disabled veteran would I have to right to use "Disabled Veteran Birdhouse" short name davbirdhouse.

    Thanks
    Michael

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    does this question have everyone stumped? Would it be better if it stated Made in China?

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    Sorry, I've been busy trying to finish the new system here which is proving to be a challenging process but virtually there. Funny comment though. Some say if you live and export from China into the US, intellectual property rights do not apply, lol.

    IMHO, and only IMHO, from the surface of what you say I am not aware of how the DVOGA could come after you unless there was a likelihood of confusion as to the origin of your product, e.g. that it originates from them and not simply a disabled veteran. There are some words which are "reserved" for use with the creation of corporations and I am sure there are similar restrictions when using them as a trade name. The reason for those laws (e.g. using the word "bank") is to ensure there isn't confusion in the marketplace which is likely to exist as a result of an entity using those words and appearing to have authorization to act in such a capacity. If you're creating some product which doesn't appear to originate from the government, I don't see the problem, e.g. Disabled Veteran's Dog House. Here is one odd example - "SERVICE DISABLED VETERAN OWNED SMALL BUSINESS SDVOSB" - rather awkward sounding. As I mentioned, opinions may vary and this is just a thought from my experience.
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    i am stumped by this one


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