How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard - Bizlaw Your Own Question

Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8384
Experience:  30 years of corporate, litigation and international law
Type Your Business Law Question Here...
Richard - Bizlaw is online now
A new question is answered every 9 seconds

Hi Richard, Four years ago you answered my question regarding

Resolved Question:

Hi Richard,

Four years ago you answered my question regarding selling cosmetics under the brand name Smitten Cosmetics, which slightly overlapped with a skincare line called Smitten Essence that operates exclusively in Australia. The inquiry and response can be found here: http://www.justanswer.com/business-law/2i0ju-purchased-dba-smitten-cosmetics-nyc-county.html

So you know, I have not done anything with the Smitten Cosmetics DBA license. Now, the Australian company has changed its name to Smitten Cosmetics and has expanded its line to include color cosmetics (which I had planned on selling). I only know about the name change because the company's vendors have been emailing me via www.smittencosmetics.com (my website) instead of www.smittencosmetics.com.au (their website). The company still only sells and ships to Australian consumers, but I wonder if I should go ahead and trademark the name in the U.S. or if I should rename and rebrand my materials before going to market in order to save time, money and frustration. The thing is, I really like the identity I've created specifically for the brand name Smitten Cosmetics and I don't want to change it if I can help it.

From an objective standpoint, I don't believe the other brand has that much staying power, but then again, I might not, either. Do you think it prudent to go forward in trademarking the name in the United States (where I intend to sell - I understand the trademark won't actually be in effect until I start selling products) now and work towards bringing the products to fruition?

Thank you for your time!
Submitted: 5 months ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 5 months ago.

Richard :

Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. Thanks for asking for me. I will review the prior discussion in the morning and get back to you then. When do you think you will be ready to start marketing your product in the US and in what states? Will you be marketing online?

Richard :

I looked at the prior question which brings me up to speed. If you proceed to trademark your name you can do as I said in my original post. My concern is more practical than legal. You are already seeing confusion between your site and the Australian site. Is there a name that you might consider just as good as the d/b/a you have to avoid the headache that you are already experiencing even before you begin your marketing. That distraction can detract from your ability to rapidly expand your brand under your own unique name. Another option is to trademark Smitten Cosmetics but market it under your own unique brand name. So you could have a unique brand name called "Channel" and Smitten Cosmetics by Channel would be how it is marketed. You own the domain name for Smitten Cosmetics and you could have all traffic to that site directed to your Chanel site. This is an option you might consider.

Richard :

If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer:

Thanks, Richard; I wouldn't have thought to structure the marketing this way! I greatly appreciate your advice.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8384
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 3 other Business Law Specialists are ready to help you
Expert:  Richard - Bizlaw replied 5 months ago.
If you have more questions please ask for me. Let me know how you make out on the approach I suggested.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA