Legal Question in Intellectual Property in Massachusetts

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?


Asked on 5/25/07, 10:55 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Trademark Law and Infringement

You are always at risk of trademark infringement litigation. However, your general statements of the law are true. One point would be to determine the extent of the registration of each trademark, especially if it is a U.S. registration. You would need to have a full trademark search completed for that purpose.

Read more
Answered on 5/29/07, 1:39 pm


Related Questions & Answers

More Intellectual Property questions and answers in Massachusetts