Yesterday's blog post was about going outside the box, expanding your sales pitch from the rational to the emotional to target the right kind of customers. This might be an example of that strategy being taken too far: http://www.fashion-law.org/2011/12/rolex-v-rolex-deli.html
When you're starting a business, it's natural to do one of two things: say you are brand new, novel, unheard-of, and one-of-a-kind; or say you're just like something people already want, but cheaper.
"Confusingly similar" is a legal term of art that has been used to quash things like restaurant decor, brand names, and even the smell of perfume. Law suits are always based only on the facts presented in the case, so don't let this isolated example discourage you from naming your business. However, take a step back if you're going after the Chanels and Jaguars of the world. It's never a bad idea to try to describe why your product or service is outstanding, instead of using euphemisms like "it's the Rolex of delis!" or "it's the Lexus of computer hardware maintenance!"
Challenge yourself to advertize smart. And we can help -- trademark searches go much deeper than just a Googling the name you want to use. Something called "trademark clearance" is a service many law firms (including HLR) provide to help you understand the landscape for that catchy name you dreamed up. Likewise, think of us if you get a scary "cease & desist" letter from a major corporation. The intellectual property resources at HLR are designed to help protect you and your ideas.
When you're starting a business, it's natural to do one of two things: say you are brand new, novel, unheard-of, and one-of-a-kind; or say you're just like something people already want, but cheaper.
"Confusingly similar" is a legal term of art that has been used to quash things like restaurant decor, brand names, and even the smell of perfume. Law suits are always based only on the facts presented in the case, so don't let this isolated example discourage you from naming your business. However, take a step back if you're going after the Chanels and Jaguars of the world. It's never a bad idea to try to describe why your product or service is outstanding, instead of using euphemisms like "it's the Rolex of delis!" or "it's the Lexus of computer hardware maintenance!"
Challenge yourself to advertize smart. And we can help -- trademark searches go much deeper than just a Googling the name you want to use. Something called "trademark clearance" is a service many law firms (including HLR) provide to help you understand the landscape for that catchy name you dreamed up. Likewise, think of us if you get a scary "cease & desist" letter from a major corporation. The intellectual property resources at HLR are designed to help protect you and your ideas.
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