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How do I protect my business name?

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K

katarina

Guest
What is the name of your state? CA

I am on my own here... :) I have registered a website and am in the process of refining its implementation to sell dolls. Over the last 5 years my research and passion for the history of dolls -- in particular 2 specific types produced over about a 10 year period in the 1950s -- led me to coin a word that I believe is totall made up by me. My website has that name and my Ebay store uses the word in its full title. One of my registered names on Ebay is the same name. I have become very well known and have a top reputation now in my field for my knowledge and have become trusted and respected by both other sellers, doll collectors and have the confidence of my customers. So, my name is worth something to me now. I am also in the process of writing 2 books and the name will be used there as well.

My question/concern is that my site is www.xxxxxx.com where x is the word -- sorry, not sure if I should or should not be giving the real name. Today, a vendor I use contacted me because she had keyed in my website manually into her browser and instead mis-spelled my name by one letter. Of course, she got the wrong site. But, the site word really means the same thing and it certainly has to do with dolls and their costuming.

So, my question is what are the steps I take to protect myself in the future as I gain notariety in my field. As I have registered my 'name' already as a website, what else do I need to do? File a copyright for the name? What about variations of the name or uses of it in a title? I was thinking of filing a copyright with an online company and found this site for advice.. help?
 


Not much...

Well, you can formally incorporate a company in your state under the name you've chosen...assuming someone else doesn't already have a company with a similiar name. State rules vary...some states may allow AAA, Inc. and AAAA, Inc, but others would say they are too similiar.

Incorporation and registering your name that way would protect you within your state. That does not, however, extend to other states or to the internet. Internet names are granted by ICANN and there rules are a moving target.

You can't copyright a name, but you can register your name as a Trademark, but once you've done that, you'll have to "defend" it against all infringements.

An incorporation and a trademark would give you a leg up on any litigation that you might get involved with later. But...we've got the best legal system money can buy...so there's no guarantee you would win a case.

Best example of this is the legal battle between the World Wildlife Fund and the World Wrestling Federation. Wrestling had been using WWF for years, but the Wildlife people had been using it longer...and, they had better lawyers. Guess who won?
 
K

katarina

Guest
thank you

Thank you for your information. I guess you reiterated what I figured was the case... I guess I'll just plug along and perhaps trademark at some point if it seems feasible. Cheers! Katarina
 

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