Question
It seems like many startups are using names that sounds similar to existing companies or brands, but with a .co or .ly domain name. I'd like to know what the legal ramifications are if a startup uses that kind of name and how to tell if it's too close to an existing brand. Thanks for any advice
Answers: 2 public & 0 private
This has to do with whether there is a 'likelihood of confusion' between your good or service and existing ones. For this reason the US Patent and Trademark Office allows for registering within certain 'Class'es of product or service. For example if someone started making books with pop up faces (somehow) they might well be able to call it Facebook. I cannot imagine where a .co or any of them would lose that likelihood of confusion although there are several different countries which allow for registration in that country. This also holds true for the European Community. I am licensed in the US, England and Wales with an LLM in International Intellectual Property if I may be of further service. Alexander@PenleyGlobalLaw.com
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