Ask HN: Will I get in trouble with my business name? | Hacker News Reader

Ask HN: Will I get in trouble with my business name?

1 pointamorphous5 comments

Dear HN

after I have started a business with a name I'm very happy with I found out that a (much bigger) company exist with a similar name.

The twist is this: they use the plural of my company name.

Fictitious example:

They: "BestProgrammers". IT outsourcing and development

Mine: "BestProgrammer". IT education.

They are a development shop / outsourcing company, I'm in the IT education space, so there shouldn't be any confusion. However, sometimes I receive CVs from job applicants who obviously intended to reach the other company.

Can I get in trouble? I have already invested in my name, but I'm wondering if I should change now or face bigger costs later on (I'm sure they are not aware of me yet)

Any tips appreciated.

We can't answer accurately without knowing the name you're using and which jurisdictions each company operates in. Even then, it's just speculation unless it goes to court.

That said, don't get legal advice from internet strangers. A lawyer can do a name search for you for less than $200. You should start with a name search in the future.

From the insufficient details and with the caveat that I'm not a lawyer, I don't see any way you can use this name.

To me you do work in the same industry (IT) - just different sub-disciplines; so I can also see it becoming a problem for you down the road.

There is a good chance that they could successfully challenge a trademark application; not to mention your domain name via ICANN.

I had a similar situation some years back and decided it wasn't worth the potential legal battle...

They: Experts Exchange (IT technical help)

Mine: Expert Sex Change (For people seeking reliable resources for transgender surgery)

Are you costing them money? If so, they may try to sue for damages. Otherwise, it won't make business sense to sue.

Don't see any reason for trouble along as your users ain't going to the other site.

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