Choosing Business Name - previous use found, but in Canada and not in use now

[albright]

I am planning to get started with a small side business that will basically be a catch-all for various things I create/design, and sell (from informational products to artwork and design services).

In planning the business name, I decided on one, then researched to see if it was in use.
The name is "_______ Studios" (the blank is a fairly common noun)

What I found in searching the internet was only one previous use of "________ Studios"

• The business was based in Canada and I will be based in the US
• The name was NOT registered in the trademark database found at tess2.uspto.gov
• The business used the website "_______studios.com" in the past, but has not had an active website in 3-4 years according to the internet archive wayback machine. (the domain is still owned by someone. I could just use .net instead of .com or an abbreviation for the website if necessary, that wouldn't be an issue.)
• The previous business (apparently inactive for years now) did offer design services on the internet, which would be a small part of what I would also be doing--so it could be said the business name is being used in a similar capacity.

In the unlikely event that the previous user of the business name had a problem with my use, would the above details give me legal ground to continue using it?

Thanks for any thoughts!

 

[Michael Wechsler]

Without more details, I am giving you just impression, take it for what it's worth.

The business owner in Canada will likely have no claim against you, at least in the US, for the following reasons:
- If the mark isn't used in the US, the Canadian company has no claim
- If the mark hasn't been used at all for years and the business is inactive, how can they claim a likelihood of confusion between your business and their business?
- Moreso, what are the damages to them if they did have some right?

This is a complete guess based upon the limited information provided. Trademark lawyers are usually consulted in order to provide advice on filing.