Question

Topic: Copywriting

2 Stores, Diff States, Same Name - Copywrite Prob?

Posted by Anonymous on 6/17/2009 at 1:04 PM ET 25 Points
I want to open a store "Divine Consign". It is a furniture consignment store. I have incorporated the name in Illinois and have a web domain. i discovered that there is another furniture consignment store in Arkansas with the same name. They have been operating longer (my store isn't open yet). Can I still use my name? Is that copywrite infringement? What bad can happen if I use it?

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RESPONSES

  • Posted by Jay Hamilton-Roth on 6/18/2009 at 8:44 AM Accepted
    Devine Consign is used more than in Arkansas:

    in Dallas: www.divineconsign.net
    in the South: www.divineconsignshow.com
    in Vancouver: www.divineconsignfurniture.org
    in Pennsylvania: www.divineconsignonline.com

    to name a few. My question to you is: if you're just starting out, why not start with a name that avoids the confusion in the first place?
  • Posted on 6/18/2009 at 10:38 AM Author
    Thank you for your responses. Phil- No need for such "harshness" - I did not "do my own thing" without waiting for advice. When I realized that I may have been making a mistake, I asked for advice. No harm yet. Just because I incorporated as Divine Consign, does not mean that the store has to be of the same name - with a simple d/b/a filing I can change it to anything - which is why I needed your advice. And I really apprecaite it. My business plan has been written and very well accepted. I have already received financing, but I do not want to make a mistake and I had a feeling about this one. Thanks again for your response.

    Jay- Thanks for the information. You're right. I think I will have to keep looking. How about "Interiors by Consign"?

    Really what I wanted to know was also, if steps have not been taken to trademark a name, is another person or company prevented from using it?

    THANKS FOR ALL OF YOUR HELP!
  • Posted by matthewmnex on 6/18/2009 at 9:03 PM Accepted
    Hi Scott.

    This is a question that comes up regularly on these forums.

    Phil is correct that this is a trade mark issue not a copyright issue .

    (Please note the difference between copy right and copywriting which are very different :))

    Trade marks can be registered at the State level which means that a similar mark can exist in several states.

    However, I believe that they can also be registered at the national level (which I think boils down to registering it in all 50 states) You will need to have some professional advise on this from a trade mark expert because there is a great deal of mis conception about what it means and how much is protected.

    In the end I am inclined to agree with your last comment, it will probably be a whole lot easier to think up a new name :)

    Question - Why mention the word 'consign' in your title at all??

    To me that sounds like all the furniture is consigned to you meaning you could not afford to buy it wholesale :)

    Of course it is a good business plan but do the general buying public need to now that?

    I think I would be more inclined to look for a name that highlights your core values.

    Are you selling high end - mid range - cheap and cheerful ?

    Are you a 'Value for money store'? or a 'Money is no object store'?

    Are your primary buyers the consuming public or interior designers who are making a mark up on the items themselves?

    I hope these thoughts are helpful in finding the right name to promote your company.

    Good luck,

    Matthew
  • Posted by marketbase on 6/20/2009 at 5:20 PM Accepted
    Looks like many share your consignment stores's name. If you like it, stick with it. Just check to see if the name IS registered nationally, which means you'll want to change it If not, at least get it registered in Illinois for your own protection/identification. If you eventually are lucky enough to expand, you can always go with Divine Consign II or D.Consign II, II1 etc.

    Best of luck
    jag
    MarketBase
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