Business name question

[atnlegacy]

I chose my business name, Legacy Images, based on the concept I wanted to convey --that portraits/photos are part or a person's or family's legacy. I am operating as a sole proprietor, so registered my DBA with the county clerk, as required. No one else in Harris County had the name, so not a problem. Went to register a domain name and there is a photographer who already owns www.legacyimages.com. I checked out the site to see where the biz was located in case it was in the Houston area too. It's in the Dallas area and on the site, biz name is listed as Legacy Images by "photog's name."
Have any of y'all come across this and should I be concerned enough to seek legal advice, since we basically have the same biz names?

[bondarnes]

Only if you are planning on going state wide or nation wide. There are probably three or four with your name in every state. As far as website you could use the same name and .biz or .org or . something else. My name was taken so I use .cc BTW, I know Gene and he is a cool dude.

[HotHolly]

We have a copyright lawyer - a very expensive one. ouch. From what I understood (after spending $500 on a phone call) same biz name within state is an issue if they are in the same industry. So, you will eventaully have a problem on your hands. The DBA usually searches the city, but it doesnt check everything. And the clerks sure dont check.

I would think it will be an issue if you start to shoot weddings or events across texas. Its also an issue when people accidentally end up at his website, rather than yours. If you had the DBA certificate 1st, then (after a legal mess) it should be your name. If you have it 2nd, you'll have to start over.

From what I got from my lawyer - the only way to keep your name (and get others to stop using it) is to trademark it. That seemed like the only sure way to protect it.

[bondarnes]

Originally Posted by HotHolly

We have a copyright lawyer - a very expensive one. ouch. From what I understood (after spending $500 on a phone call) same biz name within state is an issue if they are in the same industry. So, you will eventaully have a problem on your hands. The DBA usually searches the city, but it doesnt check everything. And the clerks sure dont check.

I would think it will be an issue if you start to shoot weddings or events across texas. Its also an issue when people accidentally end up at his website, rather than yours. If you had the DBA certificate 1st, then (after a legal mess) it should be your name. If you have it 2nd, you'll have to start over.

From what I got from my lawyer - the only way to keep your name (and get others to stop using it) is to trademark it. That seemed like the only sure way to protect it.

I have had my dba name "The Photographers" for over 35 years in Denton County. At the time I chose it there was a BIG commercial studio in Dallas County named "The Photographers Inc." I never had any problem and they were in the next county. But that is one of the reasons I never incorporated. I think you just found a lawyer trying to line his pockets with your money. I'm not saying it can't happen, but it rarely does.

[markfh]

All that other stuff aside if you can find a name that isn't being used AND can be trademarked I highly advise it.

Yes, lawyers cost money and maybe some of the are just out to line their own pockets but there's a good reason for it.

Even if you have a name that you've used for a long time if someone trademarks the name you could find yourself in a legal battle. Even if you could win in the end the cost of such a battle just isn't worth it.

Notice how many businesses that changed their name to something different and often strange? Trademarking is why some of them do that.

[LadyShutterBug]

the clerk in the DBA office offered to do a statewide search for me when i registered the name... there wasn't a monkey tree anything in the state of texas...

as for website... you could use a hyphen (monkeytree.com was already taken) in otder to get a dotcom name instead of .biz (which doesn't sound professional to me). i went with the hyphen!

[adirty1]

the dba searches the county not just the city. you do multiple counties and registar with those counties for 16 a county. you can even register it state wide. I am not sure how much but it's worth looking into.

No matter how good you think your name is there is going to be some one that has thought of it around the US. A trade mark is the way to go and they can be a little costly if you get the lawyer to do them. you can do it your self but it's going to take time. I was looking into trade marking my logo and colors. It's almost worth paying the lawyer to do it.

the lawyer i talked to stated that it's not really a big deal if you have the same name in the same state. It gets touchy when one of you want's to incorparate. then your going to fight it out normally you just INC or LLC to the end and your free and clear.

If your really worried about than get your INC or LLC and then trade mark your name and logo.

[atnlegacy]

Thanks so much for the advice & info y'all! I want to keep my name and I'm not sure about going state wide with the biz, but who knows what will happen in the future, right? I'm thinking I might need to get that legal advice....

[atnlegacy]

Originally Posted by bondarnes

Only if you are planning on going state wide or nation wide. There are probably three or four with your name in every state. As far as website you could use the same name and .biz or .org or . something else. My name was taken so I use .cc BTW, I know Gene and he is a cool dude.

I figured someone on this forum might know him... I wanted to stick with the .com so for the domain name I chose www.legacyimagesbyanh.com. I'm still not too sure about it because it's too long.

[atnlegacy]

Originally Posted by LadyShutterBug

as for website... you could use a hyphen (monkeytree.com was already taken) in otder to get a dotcom name instead of .biz (which doesn't sound professional to me). i went with the hyphen!

I hadn't thought of the hyphen ...I'll have to check and see if that is taken. Thank you!

[markfh]

When you think about a domain name you really need to at least check the US Patent and Trademark database. Your not just doing business statewide it's world wide.

I had my first company name INC'd here in Texas and about two weeks after my first web site came online I got a nasty gram from a lawyer in NY City telling me I had violated their clients Trademark and that I had to immediately cease and desist using the name.

If you want to protect your business name you have to trademark.

If you "design" a name it's easier to trademark and protect. It's also handy in getting and maintaining a high ranking with search engines.

Using common words or surnames can't be protected even if you were able to trademark them.

I highly advise you talk to a lawyer in the field if you want a name that can't be taken away from you or diluted some time in the future. Who knows, you might go public...

It cost me about $1,100.00 seven years ago to Trademark one of my company names. I recently renewed and that cost me a couple hundred.

My other company name can't be protected by anyone so I didn't bother Trademarking it. I only do business in Texas with it anyway and it is INC'd here.

JMO


Oh yeah, hyphens are a pain...

[atnlegacy]

Originally Posted by markfh

When you think about a domain name you really need to at least check the US Patent and Trademark database. Your not just doing business statewide it's world wide.

I had my first company name INC'd here in Texas and about two weeks after my first web site came online I got a nasty gram from a lawyer in NY City telling me I had violated their clients Trademark and that I had to immediately cease and desist using the name.

If you want to protect your business name you have to trademark.

If you "design" a name it's easier to trademark and protect. It's also handy in getting and maintaining a high ranking with search engines.

Using common words or surnames can't be protected even if you were able to trademark them.

I highly advise you talk to a lawyer in the field if you want a name that can't be taken away from you or diluted some time in the future. Who knows, you might go public...

It cost me about $1,100.00 seven years ago to Trademark one of my company names. I recently renewed and that cost me a couple hundred.

My other company name can't be protected by anyone so I didn't bother Trademarking it. I only do business in Texas with it anyway and it is INC'd here.

JMO


Oh yeah, hyphens are a pain...

Wow! You gave me a lot to think about -- thanks so much! Searching the Patent & Trademark database.... Just out of curiosity, why can't your other company name be trademarked?

[markfh]

My other company name consist of my first and middle name and the word associates. None of which are capable of being protected outside of being incorporated in Texas or any state I want to do business in as a brick and morter.

I was also advised by my lawyer that the trademark office probably wouldn't allow me to trademark it anyway.

[adirty1]

hyphens NO..
and keep your URL short. IT's not fun telling some one they can email you at johnny@jumpstartcompanybyed.com just so you can us jumpstart as your name.

you can still use jumpstart just think of something else or get extra domains.

www.jumpstartcompanybyed.com is your main URL but when you give out email and site names you could use jumpstart.info and have it linked to your home URL.

I use .info for my email because that is what most people are are emailing me for info.
I have www.timelinephotographic.com url for my company. My company name is timeline photographic studios.
I have a linked domain of www.tlps.info and it forwards that user to www.timelinephotographic. this helps people to write down the address fast or better yet remember the address. And it fits better on business cards and letter head. sales@tlps.info...or pricesheet@tlps.info... weddings@tlps.info... the nice thing about that is you can pick any name for your email and your server will forward the emails to your main account. add some rules on outlook and you now what the email is for before you read the header...

[Daniel Bates]

My company name is Derby Digital Photography. I have a few domains... daniel-bates.com, derby-digital.com (derbydigital.com is taken already), and my primary domain, derbydigitalphoto.com. They all redirect to the primary.