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Think I'll get sued for this? And, will I prevail?

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T

trickster

Guest
I'm looking to start a swimming pool business called Blue Heaven Pools. There currently is a national company in business since 1954 called Blue Haven Pools. By adding one letter to "Haven" (making it "Heaven") I change the meaning of the word. My advertising campaign will utilize the use of the song "My Blue Heaven" which I am able to license through ASCAP. Am I safe here? I'm in Atlanta, GA.
 


HomeGuru

Senior Member
Your idea is heavenly but I see a problem with the national company claiming that the names are too similar and thus can be confusing to the general public. Especially if the national company has offices in your area. Make sure that there is no registered tradename for your company name.
Think for a minute if you wanted to sell soda and used a company name such as Coka-Cola, Koka Kola, Coker Cola, Coka Cooler, Joka Cola etc. Do you think you will get slammed with a multi-million dollar tradename infringement lawsuit? Even the angels could not protect you. Cheers!
 

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