A business has the same name as mine, what do I do?

Question

Hi,
Around 5 years ago (I was only 16) I thought of the name "Romantique Interiors" as a good name for my future business. I even decided to buy the domain name, which expired last year.

Yesterday, I just did a google search, and found this article:

http://www.valorieburton.com/success.htm...

It has a woman talking about her business, which is the same name as the one I had thought of! When I initially thought of the name, nothing existed online with "Romantique" and "Interiors" in a phrase together. AND now the domain I once had is taken.

From research I've done, Romantique Interiors has not been trademarked. And Im not entirely sure that this woman is now the owner of the domain I once had. So, should I try to get this name trademarked, and if succesfull, possibly purchase the domain back from the current holder? Advice please!

Answer 1

I did a little research and found that romantiqueinteriors.com is now owned by a company in Nova Scotia, Canada. It was registered by them on Thu, Jun 15, 2006.

Apparently the woman who is mentioned in the article (who is using Romantique Interiors as her business name) is NOT the one who has the domain name.

The fact that you "once had the domain name" is of no benefit to you from a legal standpoint. You apparently never actually had a business with that name, so it would be impossible for you to have any legal claim to that name.

Trademarks are used to protect firms from "unfair trade advantage" based on "likelihood of confusion." Since you could find no trademark registration for Romantique Interiors, it is still possible for you to register that name. However, the woman using that name would have some legal rights (confined to her geographic area) if you were to pursue a US Trademark registration.

You might want to go to the US Trademark Office web site and file an "intent to use" for your name. You would then have to actually be in business before you could have that name protected by Trademark registration - ®.

And while someone else has romantiqueinteriors.com, you can still get that name with .net, .org. .us, and others. So, all is not lost.

If you seriously want to go into business using this name, you can still pursue it.

Good luck.

Answer 2

Well, I'd say no actually.

You said the name has no been trademarked because you researched HER...but you didn't conveniently also say that YOU didn't trademark it!

So now, 5+ years after the fact, after you didn't renew the domain name, you want to stop someone else, who might not even live in your state, from doing fair business.

What did she do wrong? Nothing. YOU LET THE DOMAIN EXPIRE AND YOU DID NOT EVEN TRADEMARK THE BUSINESS NAME YOURSELF SO CLEARLY IT'S NOT THAT IMPORTANT TO YOU!

OBVIOUSLY WHEN YOU LET IT EXPIRE YOU UNDERSTOOD THAT ANYONE ELSE COULD PURCHASE IT! DID YOU THINK THAT SOMEONE WHO DID WOULD NOT BE YOUR COMPETITOR?

TALK ABOUT FRIVOLOUS...PICK A NEW NAME...YOU DIDN'T EVEN WANT THE ORIGINAL ONE THAT MUCH.

Answer 3

Yes on all counts....sometimes people take variations or register all domain types like net, ws,org, so will you buy all of them? I think in the early stages you will do fine until you start bringing in good income because domain is important but not as important in the keywords you use to get the traffic.

Answer 4

US replica rights are global. Is your enterprise title replica righted? It could best be replica righted if you're included or have went via the method to replicate proper it. You will ought to take formal movements if you're replica proper included, reminiscent of letters from legal professionals to quit utilizing your title, maybe step one.

Answer 5

INCORPORATE. If you become a corporation, you can legally have her 'cease and desist' using the name, even if you did not trademark it. As a legal corporation, you can reclaim the domain as yours.......that is if you still want the name. Trademark it, too - while you are at it. Cover all your bases!

Good luck!

Answer 6

YES!!!! This is your damn name, and she stole it! Get the lead outta yer butt and move on in!