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How to Find Out About Names

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  • 04-11-2011, 10:41 PM
    LanceRocke
    How to Find Out About Names
    My question involves business law in the state of: New York
    I'm starting a magazine. How do I find out whether or not I can use a certain name for it?
  • 04-13-2011, 09:52 AM
    Mr. Knowitall
    Re: How to Find Out About Names
    Check to see if the name is in use within the markets you are targeting and if the use conflicts, and also check to see if there are registered state or federal trademarks for the name in those markets and if the trademarks conflict.
  • 04-13-2011, 10:00 AM
    LanceRocke
    Re: How to Find Out About Names
    Quote:

    Quoting Mr. Knowitall
    View Post
    Check to see if the name is in use within the markets you are targeting and if the use conflicts, and also check to see if there are registered state or federal trademarks for the name in those markets and if the trademarks conflict.

    how would i 'Check to see if the name is in use within the markets you are targeting and if the use conflicts'? so far i have checked trademarks
  • 04-13-2011, 10:10 AM
    Mr. Knowitall
    Re: How to Find Out About Names
    You will look for use of the name by whatever means you believe are necessary and appropriate. That's a logistical question, not a legal question. Brainstorm.
  • 04-13-2011, 10:17 AM
    LanceRocke
    Re: How to Find Out About Names
    Quote:

    Quoting Mr. Knowitall
    View Post
    You will look for use of the name by whatever means you believe are necessary and appropriate. That's a logistical question, not a legal question. Brainstorm.

    i just thought there was an official way to look for these conflicts
  • 04-13-2011, 10:18 AM
    Mr. Knowitall
    Re: How to Find Out About Names
    There are official ways to look for registered trademarks. By definition, there's no registry of uses of names that aren't registered.
  • 04-13-2011, 10:24 AM
    LanceRocke
    Re: How to Find Out About Names
    Quote:

    Quoting Mr. Knowitall
    View Post
    There are official ways to look for registered trademarks. By definition, there's no registry of uses of names that aren't registered.

    i could imagine it doesnt matter about the names that arent registered. i searched for registered names, and so far, i think i found one possible conflict, but the name of the magazine is 'MyMagazineName Business' they are registered under the name i want to use with the suffix 'business'. i'd want to be 'MyMagazineName'. there are other businesses registered under 'MyMagazineName' but they arent magazines and aren't even in the same category as mine
  • 04-13-2011, 10:48 AM
    flyingron
    Re: How to Find Out About Names
    Quote:

    Quoting LanceRocke
    View Post
    i could imagine it doesnt matter about the names that arent registered.

    You could imagine that, but it's not true. Trademark registration gives the holder additional protections but it's not required to have trademark rights.
    Again, you should do some due dilligence. One thing to try is looking in the Library Of Congress's database to see if there are any serials with that title, etc...
    Quote:

    i searched for registered names, and so far, i think i found one possible conflict, but the name of the magazine is 'MyMagazineName Business' they are registered under the name i want to use with the suffix 'business'. i'd want to be 'MyMagazineName'. there are other businesses registered under 'MyMagazineName' but they arent magazines and aren't even in the same category as mine
    It all depends on whether your mark would cause any liklihood of confusion with the other. Further, even if there isn't, if their mark is suitably famous, they can argue dillution. If I made a publication premoting pedophila and called it some variation of "Boys' Life" you can bet the BSA is going to argue dilution of thier mark.
  • 04-13-2011, 10:52 AM
    LanceRocke
    Re: How to Find Out About Names
    Quote:

    Quoting flyingron
    View Post
    You could imagine that, but it's not true. Trademark registration gives the holder additional protections but it's not required to have trademark rights.
    Again, you should do some due dilligence. One thing to try is looking in the Library Of Congress's database to see if there are any serials with that title, etc...


    It all depends on whether your mark would cause any liklihood of confusion with the other. Further, even if there isn't, if their mark is suitably famous, they can argue dillution. If I made a publication premoting pedophila and called it some variation of "Boys' Life" you can bet the BSA is going to argue dilution of thier mark.

    PERFECT
    so there we go; library of congress database and mark searches.
    thanks so much
    anything else?
  • 04-13-2011, 10:58 AM
    LyonLegal
    Re: How to Find Out About Names
    Sounds like you found a conflict.
    Does the registration disclaim the MyMagazineName?
    If they do, then you probably could use it because it's probably a generic or descriptive name.
    For example if you wanted to do a magazine about Boston and call it "Boston" and someone had "Boston Business" magazine, provided they have not become well known enough to have acquired distinctiveness, Boston is a primarily geographically descriptive term and not registrable.
    That does not guarantee no rights attach so you'd still want to consult a lawyer licensed in your location to deal with state or common law trademark.
    I can pretty much guarantee they disclaimed "business" by itself because it's a common term.

    At this point since you know others use the name, the possibility of confusion arises and you should consult an attorney or come up with a new name.
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