Legal Question in Technology Law in New Hampshire
Similar company name?
I've run a website for some time now called ''Liosta.'' It's a site for users to make lists, and share them. Today, I found out that Microsoft just launched a very similar site which they call ''Listas.'' The problem is that ''liosta'' is Irish Gaelic for ''lists'' and is pronounced ''lista'' or ''leestah'' depending on dialect. Although I don't own trademarks, I have been operating this website for some time and I'm wondering if there's any legal measure that can be taken. I certainly can't expect ''Liosta'' to compete with ''Listas'' by word of mouth or otherwise because of the similarities, and I can't expect to overpower an entity as large as Microsoft with ads or otherwise. Is there anything I can do or am I powerless in this case?
1 Answer from Attorneys
Re: Similar company name?
Trademark battles can get complicated, but your best first step may be to register your mark. You can do so online at www.uspto.gov. From a quick search, it does not appear that "listas" has been trademarked by Microsoft. But, assuming that you have trademark protection, the closer question will be whether the marks are sufficiently similar to cause consumer confusion. In any event, whether you choose to rattle MS's cage or not, it may be advisable to go ahead an register it as a protective move should MS choose to come after you instead. Also, keep any records indicating your first use in commerce of LIOSTA.
This is not legal advice -- just a suggestion of the direction you might want to explore. Spend some time at the uspto.gov site, and then decide whether you want to hire a lawyer or just take a few protective steps yourself.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
