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Will this business name get me sued?

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alegs34

Junior Member
Hello. I live in Canada and would like to open a Physiotherapy clinic. I would like to call it "Peak Performance Physiotherapy".

There is a company operating in Canada called Peak Performance. They sell outerwear (jackets, shoes, ect.).

Since our two businesses are distinct and not likely to be confused would I be OK using that name?

Thanks for any input you can provide!
 


quincy

Senior Member
Could you tell me if this would get me sued in the US?
If Peak Performance objected to your use of the name Peak Performance Physiotherapy then, yes, it could get you sued in the U.S. for trademark infringement or unfair business practices or potentially other legal actions.

Whether Peak Performance could or would win any suit against you is a question mark. It depends on all sorts of facts and factors which are different than the facts and factors a Canadian court looks at.

I suggest you address your questions to an attorney in your area for answers that will apply to you.

Good luck.
 

alegs34

Junior Member
If Peak Performance objected to your use of the name Peak Performance Physiotherapy then, yes, it could get you sued in the U.S. for trademark infringement or unfair business practices or potentially other legal actions.

Whether Peak Performance could or would win any suit against you is a question mark. It depends on all sorts of facts and factors which are different than the facts and factors a Canadian court looks at.

I suggest you address your questions to an attorney in your area for answers that will apply to you.

Good luck.
Thank you Quincy, I appreciate your advice.
 

quincy

Senior Member
You're welcome, alegs34 - although my advice was pretty limited. :)

Good luck with your clinic.
 

alegs34

Junior Member
How does that do you any good?
It doesn't answer the question definitively but I wasn't expecting that. If I got an answer of "not a chance you get sued, they are totally different businesses and no jurisdiction in the world would have broad trademark protection" then I would know that I didn't need to worry. If I got a "definitely getting sued" then I would stay away from the name. Anything in between/depends (which is what I got) then I would check with a local lawyer. So thanks!
 

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