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Similarity in same business area Trademark

Discussion in 'Copyright, Trademark, Patent Law' started by mrasks, Oct 11, 2011.

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  1. mrasks

    mrasks Law Topic Starter New Member

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    I am starting a new company and after a LOT of searching I finally thought I had a great name. But it turns out there's a company with a very similar name in the same industry that has a federal trademark. I'm going to give an example that is very close to the actual company names and I'd love to hear your opinion.

    A software company that is a couple years old is named "Friday Software" and they have a federal trademark on "Friday" covering "Computer Software development."

    I'd like to name my company "Friday Systems" or "FridaySys." It is also a software company. Is this likely to be a problem? Is "FridaySys" or "Friday Systems" too close to the "Friday" mark? I assume something like "Black Friday Systems" would probably be in the clear?

    Common sense tells me to find another name, but between existing companies and domain squatters, that is proving more difficult than I would've expected. :eek:

    Thanks in advance!
     
  2. army judge

    army judge Super Moderator

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    How about June Systems, or JuneSys, or Pluto Systems, or PluSys, or Morning Systems, or MornSys, or Day Systems, or DaySys, or Minute Systems, or MinSys, or Timely Systems, or TimeSys, or so on, and so forth.

    On a serious note, excuse my poor attempt at levity, but you may be too near the edge.

    The Law Professor is the owner and resident expert in this area.

    In fact he's internationally recognized and acclaimed in these matters.

    He'll be able to offer a more cogent, professional, and intelligent legal analysis.
     
  3. mrasks

    mrasks Law Topic Starter New Member

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    Thanks for the comment, Army Judge! I've already worked through some of those kinds of ideas and, between names already being actively used and domain squatters, there's a couple decent options left, but none I like as much as my original one. Before I move forward with one of those less-than-ideal fallbacks, I was curious to get an opinion from someone who knows more about this stuff than me (which is how I found this board). I know it is no substitute for hiring my own lawyer, but I'm just trying to get a general sense of my options.

    It might be worth noting that "Friday Software" has only been around for 18 months and, while they have announced a couple products, they do not have anything currently in the market. So there isn't an argument to be made that I'm trying to capitalize on their successful name.
     
  4. army judge

    army judge Super Moderator

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    THe Law Professor is your man!

    No, he is the man!!!!

    He'll be around soon with something useful and insightful to offer you.

    Just be patient and drink from his fountain of legal knowledge in this area!
     
  5. mrasks

    mrasks Law Topic Starter New Member

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    Still awaiting that knowledge bomb...any insight for me Law Professor?

    Thanks again!
     

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