Legal Question in Intellectual Property in Ohio

I have a website and would like to get my own .com domain for it, however the domain I want is similar to a company's name. Would it be violation of law or copyright to name my website something similar to a company name?


Asked on 10/04/10, 2:38 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any franchise attorney or trademark attorney will say it depends on how "similar" your proposed name is to the other company's name. In general, if an ordinary consumer looks at your website and says "the other company has a website now," that means confusing similarity and trademark infringement. In addition, other factors apply, like if the products (services) sold are similar, etc. These are issues that require careful analysis and consideration before you open yourself up to liability. These kinds of cases are highly fact dependent so you should consult an attorney or specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 10/10/10, 7:12 am


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