Different Industries with similar names?

[Richardsonke]

State: Ohio

My father is the president of a small building company. Recently the received a warning letter from a clothing company that shares one of the words in the company's name. The supposedly infringing word is a common first name, which my father's company follows with "Custom Homes." The clothing company told them that they must change their name or they would be sued. Of the similarities between them, it pretty much comes down to the use of popular first name and the use of cursive in the name design. However, the clothing company is not happy when them just changing the look of their name, they must change the spelling of their name. Seeing as how their names are different and they are actually in different industries (the closest that the clothing company gets is selling home furnishings), should they have the right to make my father change their name?

 

[hexeliebe]

How long has your father been in business?

What is his last name?

Has he already changed the 'style' of the lettering?

Answer these then I'll be able to give you a better answer.

 

[Richardsonke]

The company is new, about a year old or so. No, it is not his last name, it was chosen because it sounded good. And no, they have not bothered to change the style of lettering because he has almost already given up and changed the name because he know he can't pay to fight it.

Note: I changed the post to remove some details to protect the privacy of the company.

 

[hexeliebe]

Tell him to change it. He's not going to have the money to fight this and he'll probably lose. Without a claim to the name, which he doesn't have since it's not his own, he'll be hardpressed to prove his rights to it.

The industry being different doesn't matter here.

 

[Richardsonke]

How does the use of that common first name infringe on a company's trademark that is just bearly similar. I'm not a laywer, but i think it's a really stupid reason to make someone change their name. But, then again, it all comes down to the almighty dollar... Also, I did a quick search in the yellow pages and found that over 20 different businesses in Ohio alone use that name in their business name. Can they selectively choose to sue us? Wouldn't everyone else using their name make it generic?

 

[hexeliebe]

Can they selectively choose to sue us?

Yes

Wouldn't everyone else using their name make it generic?

No

I gave you the advice you asked for. It's up to you what to do now.

 

[Richardsonke]

Thank you very much for your help.