Inn with similar name to well-established Inn a couple of hours away in neighboring state

[3Neurons]

What is the name of your state? North Carolina

I'm looking at converting a home into a small Inn/B&B. The name would similar to the name of a well-known and much larger historic inn in a similar town a couple of hours away in neighboring South Carolina.

For the sake of comparison let's say the existing establishment is "The Johnson Inn" and mine would be "The Johnston on Broadway"

Is this likely to cause a problem?

 

[quincy]

What is the name of your state? North Carolina

I'm looking at converting a home into a small Inn/B&B. The name would similar to the name of a well-known and much larger historic inn in a similar town a couple of hours away in neighboring South Carolina.

For the sake of comparison let's say the existing establishment is "The Johnson Inn" and mine would be "The Johnston on Broadway"

Is this likely to cause a problem?

If the The Johnson Inn thinks the name The Johnston on Broadway is a problem, it's a problem.

What spawns a trademark infringement claim is a trademark holder's belief that consumers are apt to be confused by (or have been confused by) the use of the same or similar name. A trademark holder has more reason to challenge a second user's use of a similar/same name if both the senior user and junior user operate the same type of business (or offer the same goods/services) in the same geographic area to the same targeted consumers.

Although I personally don't think your example shows confusion is likely to be generated, you should have the real names personally reviewed by an attorney in your area.

Good luck.

 

[adjusterjack]

Is this likely to cause a problem?

I don't know. Do you consider spending tens of thousands of dollars defending a lawsuit a "problem." If not, then feel free to push the envelope.

Otherwise, pick a name that's totally unrelated.

 

[quincy]

I don't know. Do you consider spending tens of thousands of dollars defending a lawsuit a "problem." If not, then feel free to push the envelope.

Otherwise, pick a name that's totally unrelated.

The example 3Neurons gave potentially could be a problem because the names Johnson and Johnston are similar in sound. A trademark when spoken (even if spellings are different) can infringe.

It could also be a problem if the junior establishment starts referring to itself as "The Johnston" as that could be confused with "The Johnson."

I don't see a big risk but I agree that choosing a unique name is always best. Nothing can put a stop to a new business faster than costly litigation.

 

[NeilTheCop]

What is the name of your state? North Carolina

I'm looking at converting a home into a small Inn/B&B. The name would similar to the name of a well-known and much larger historic inn in a similar town a couple of hours away in neighboring South Carolina.

For the sake of comparison let's say the existing establishment is "The Johnson Inn" and mine would be "The Johnston on Broadway"

Is this likely to cause a problem?

What did the owners of the larger historic inn say when you asked if they would have a problem?

 

[quincy]

What did the owners of the larger historic inn say when you asked if they would have a problem?

The reaction is easy to predict, should such a conversation take place (and it probably shouldn't).

A trademark holder is responsible for enforcing their rights in their trademark or risk losing all rights to the mark. It would be the very stupid trademark holder who would give an opinion of or offer a thumbs up to anyone else's trademark.

 

[NeilTheCop]

We can guess all we want, but simply asking is often a good way to start.

 

[quincy]

We can guess all we want, but simply asking is often a good way to start.

Possibly. A trademark holder is unlikely to give a nod to the use of a similar name when that similar name could create consumer confusion later.