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Stealing company name? How to prevent/stop?
How do you prevent some one from using your business name? If you want to be the only one, you would have to get it LLCed or something correct? Ok so say if I made up a company name BRT Reptiles and I got the website Brtreptiles.com. I mean just because I own the website name doesn't mean that I would own the business name. So how do you stop this or prevent this? Thanks
Last edited by Diamond Serpents; 07-03-2013 at 03:37 PM.
-Brian-
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In Canada at least the name needs to be registered and someone using your registered name can be brought to copyright or the business board that will go after the infringement. The other thing is they cannot ever register or use the name as a legit business.
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Re: Stealing company name? How to prevent/stop?
Thank you, I live in the US but I'm sure its close to the same thing. Some ones gotta know where or who I have to contact to register my company name and logo so it doesn't get used.
-Brian-
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Re: Stealing company name? How to prevent/stop?
Originally Posted by BTennant
Thank you, I live in the US but I'm sure its close to the same thing. Some ones gotta know where or who I have to contact to register my company name and logo so it doesn't get used.
I would honestly say google some copyright stuff, that way you get an idea. If you can't get any help there maybe go through the phone book for lawyers?
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If you don't own the copyrights to it, you don't own anything. Anyone can then use it, and even copyright it out from under you. They'd be required to notify you about it, and then given appropriate time sue you for continued use.
I don't remember if its a lot, but go ahead and copyright it. Then, you have legal grounds to make someone else not use it.
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http://www.copyright.gov/help/faq/
I was wrong, it's yours if you create it first. However, you can't do anything about it without registering.
Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”
Last edited by Kodieh; 07-03-2013 at 06:17 PM.
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Annnd, trademark not copyright.
How do I copyright my business name? Which form do I use?
Names, titles, short phrases, and slogans are not copyrightable. You may have protection under the federal trademark laws. Contact the U.S. Patent & Trademark Office, 800-786-9199, for more information.
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Re: Stealing company name? How to prevent/stop?
Realistically you can't stop it(Look at how much time and money Apple spends suing the pants off of everyone and being sued). And, it wouldn't even be worth the legal fees unless you are in the major league breeder group.
What is stopping someone say in Canada or the UK from opening their business and using let's say BHB Reptiles as their name, even if those actually are the founders initials? The likely response from potential customers thinking you'd pulled a bit of a D-bag move with that name selection.
The first order of business would be imho, building the name. Make it recognisable and virtually synonymous with customer service. (No one in these parts will consider messing with Markus Jayne Reptiles for example, running under even a similar name would paint that business as shady for trying to use a well known persons credentials to further your own agenda)
One thing you should do however is register your business. Here we can easily get a small business licence, I am guessing you have something similar there.
It may also be a good idea to discuss your plans with an accountant, that small fee could pay for itself quickly if you can take advantage of legal tax-breaks most of use average joes or janes aren't overly familiar with.
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This is exactly what I was looking for and couldn't find kn here or google thank you two for the information. I have my name picked out like I said and I do want to have things up and running before 2014.
-Brian-
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Re: Stealing company name? How to prevent/stop?
My first two suggestions would be to either lick it or pee on it. No one will want it if you lick and if you pee on something it's automatically yours. If you want added insurance, lick it AND pee on it. Preferably in that order, though I suppose that's up to you.
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