Creating an LLC, similar name taken?

[Joel Johnston]

Jurisdiction

Minnesota

I am looking to start a business. I searched the state database and see my name is available. However, when searching domains, I noticed the web address was taken. So I went to their web page, and they have the same name only instead of LLC theirs is INC. I would apply for a DBA, and use the name minus the LLC, but my question is. Since they already operate using the name, do I need to pick a different name?

They don't really do the same thing, or sell to the same people. They are headquartered out of Canada, but do business in the USA too.

 

[adjusterjack]

Sorry but, unless you want to post actual names and what the businesses do, all we can suggest is that you consult an intellectual property or trademark attorney before you get started.

Infringement can either be obvious or subtle and a lot depends on whether customers may be confused about companies with the same name.

That you had to ask implies that there is already confusion between the business names.

The simplest solution is to pick another name. Costs you nothing at this point.

 

[zddoodah]

I agree with the prior response. Your questions can't be answered intelligently in the abstract. Or, at the very least, you need to give us made up names that reflect your situation. Finally, don't use pronouns without clear antecedents.

 

[flyingron]

There are two issues here. First is the legal requirements for legal entities to have unique names within the state. I suspect your search was thwarted because you didn't search corporations (a name with INC in it can't be an LLC). Generally, difference in the suffixes (Co, Inc, LLC, etc...) aren't enough to generate uniqueness nor do subtle grammatical/punctuation changes (the addition or removal of "The" or the inclusion of & or and.

The second is the trademark issue. Even if you legally register the same name (and that is easily done if you just incorporate in a different state), if you infringe on an existing mark, you can run into big trouble. Apple Computer is likely available in Minnesota, but you'd be ill-advised to try to do business under that name.