Question
We want to register a name for our startup and use a similar name to our competitor. What is the legal issues with this strategy? For example, say it's a business for hotels and guest houses (only example, our product is other). And we call it "flairBnB" and register flairBnB.com. On one hand we get many visitors and customers would recognize the name. So we can piggyback of the competitor's name. But this is the same business so would the competitor be successful for trademark lawsuit? What is the legal issues with this strategy? What strategy would you advise?
Answers: 3 public & 0 private
I can't advise you as to Hong Kong law but in the US, you would open yourself up to an opposition to your proposed registration from your direct competitor with the possibility of your mark being denied registration protection. The standard is "likelihood of confusion." A lot will depend on how vigilant/aggressive your competitor is about policing their IP. Factors that might mitigate against the likehood of confusion would be if the presentation of your logo (e.g., colors, font, design, trade dress if any, look and feel of your website) was very dissimilar from your competitor's.
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