New business name issue?

[ukmedia]

Hi all,

I am about to set up a new web marketing business in the Uk. I have chosen a name for it and also the co.uk domain name. The limited company name is also available here in the uk.

My concern is, that a US business has the same name and the .com domain. They also sell the same services as i intend to.

I do not want clients from the US so therefore will not be stealing their potential clients.

Am i able to proceed under English law, or do i need to check for an international copyright perhaps?

Thanks in advance.


11 Aug. 14:11

 

[quincy]

Hi all,

I am about to set up a new web marketing business in the Uk. I have chosen a name for it and also the co.uk domain name. The limited company name is also available here in the uk.

My concern is, that a US business has the same name and the .com domain. They also sell the same services as i intend to.

I do not want clients from the US so therefore will not be stealing their potential clients.

Am i able to proceed under English law, or do i need to check for an international copyright perhaps?

Thanks in advance.


11 Aug. 14:11

It will trademark law, not copyright law, that you will want to investigate. In the U.K., it is the first to register a trademark who will be presumed owner of the mark while in the U.S., it is the first to use the trademark in commerce who is often considered the owner of the mark. This all depends on the specific facts, however.

If the U.S. has registered their name in the U.K., whether they have expanded into the U.K. market with their services yet or not, you could find yourself facing a trademark challenge. Additionally, if the U.S.-based company markets their services online, there could be a trademark challenge.

You will be proceeding under U.K. laws and, if the U.S. company objects to your use of the same name, it will be in the U.K. under U.K. laws that you will be sued.

I suggest you consult with an attorney in the U.K. familiar with trademark law to discuss the legal risks you face in going ahead with your plans to market the same services under the same name as the existing U.S. company but in your area of the world.

Good luck with your web marketing business.