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  1. #1
    Join Date
    Mar 2005
    Location
    Miami
    Posts
    3

    Default Similar name and Trademark

    Hi, I open an LLC company with my partner in August 2004 the name of the company is ZUDAKA we are located in Miami we sell t-shirts. 2 days ago 7 months later I found out there is another company called SUDACA in LA they also sell t-hirts and they registered their name 2 years ago.

    Is there a way we can use the name legally? the spelling is different ours (ZUDAKA) theirs (SUDACA) if the answer is no. can we use a DBA called ZDK but still hace a t-shirt line called ZUDAKA? is that possible or that would be illegal as well?

    Do we have any rights knowing that we are incorporated?

    Thanks for the advice

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Re: Similar name

    Quote Quoting Memographics
    Is there a way we can use the name legally? the spelling is different ours (ZUDAKA) theirs (SUDACA) if the answer is no. can we use a DBA called ZDK but still hace a t-shirt line called ZUDAKA? is that possible or that would be illegal as well?
    If the marks conflict, and it appears that they would, then you cannot circumvent their prior registration by changing your business name. It would be the use of the similar mark on the t-shirt line which would violate their trademark.

    You may wish to look into (a) acquiring their mark, or (b) licensing their mark (at least to the extent that they won't challenge your use of "ZUDAKA"). You could also consult with a trademark lawyer about the possiblity of challenging their mark, but if successful that could leave you unable to protect your own, or to see if the lawyer believes the mark would be upheld if they brough an action against you for an alleged violation.

    Quote Quoting Memographics
    Do we have any rights knowing that we are incorporated?
    Being incorporated would not serve to excuse you from trademark laws.

  3. #3
    Join Date
    Mar 2005
    Location
    Miami
    Posts
    3

    Default Thank you for the answer

    I will try to find a trademark lawyer I only have a last question excuse my ignorance if we swith the name to THE ZUDAKA CREW or something like that were you ad an extra name to the already set name is that still not good enough?


    Thank you again

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Variations on a Trademark Theme

    It may help, depending upon how the trademark is being used by the other group, and how generic the term is determined to be.

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