Massachusetts | Intellectual Property
Legal Question
Trademark Law and Infringement
Basically, I am starting a business and there are two companies that already have the name that I want to use. One company explicity states that their name is a registered trademark on their site. I am sure that the other company does too. One company is a Dutch IT firm and the other is an international nightclub with locations in St. Barth's, New York City and the Hamptons. My company will be in a completely distinct and different industry. What I want to know is, can i register my company (as an official trademark) using the same name given that it is in a different industry. Is there a good chance that they will try to sue me if they find out about my company name? I am more worried about the nightclub than the IT people but both pose a threat clearly. I have read companies can have the same registered trademark as long as they are in completely separate industries. Is this true? If so, what are my chances of incurring a lawsuit?


