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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 9896
Experience:  30 years of corporate, litigation and international law
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I had a question. I want to create a film and card game

Customer Question

I had a question.I want to create a film and card game company called Tornado Studios. Is that name already taken?
Submitted: 10 months ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 10 months ago.

Hello, my name is ***** ***** 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.

I did a name search and the name for corporations, limited liability companies and the name was available. Here is a link to the secretary of state website. http://kepler.sos.ca.gov/

You will not know that the name is ***** ***** unless you seek confirmation from the Secretary of State because you may may not be allowed the name because it is too similar to another name. You should check that process and if available reserve the name. Then you will be assured that your proposed organizational documents will be accepted.

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

Customer: replied 10 months ago.
There is already a Tornado Studios that exists. http://www.tornadostudios.com/Is that an issue?
Expert:  Richard - Bizlaw replied 10 months ago.

What you listed is a domain name not a legal name. The existence of the website can create an issue because that can get into the trademark area. The existence of the domain name does not necessarily mean that you cannot obtain the name in CA but you may not be able to use the name in online efforts because it could interfere with the trademark that may be inherent in the website name. Given the website, you may want to find another name where you can control both the name and obtain the domain name using the name.

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

Customer: replied 10 months ago.
I got the domain name: tornadostudios.orgWould that work?
Expert:  Richard - Bizlaw replied 10 months ago.

The suffix ".org" is for a non profit or a government agency not a for profit entity. I would do some checking to see if that name is ***** ***** a domain name for a profit making corporation. As I said originally, the concern is if his customers get confused and go to your website. If his business is different from the business you have in mind that will be a lesser concern since you would not be taking customers from one another. Only if you are in the same business and you use a siimilar name for your domain name is ***** ***** problem created. If you take the name for your business and then have a website if people go to his website thinking it is you, you will not be able to complain about unfair competition by him because he will have had the website name longer than you. If you are comfortable with that potential risk you can obtain the name and then create a website that incorporates the name but uses some other things to distinguish it. If you will operating both offline and online, you will build a trade name in your offline business. It will not provide a basis for getting the other person to change his domain name but it will strengthen you defense any claim of unfair competition.

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

Expert:  Richard - Bizlaw replied 10 months ago.

I have not hear from you. If you have any other questions, please let me know. If I have answered all your questions, please highly rate my answer as that is how I get credit for working with you.

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