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Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If there is a etail based website/business called Inspirations

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If there is a etail based website/business called Inspirations Jewelry, would it be a conflict if we started a business called Inspration Jewelry and Gifts LLC

Kirk Adams : Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question. I'll be glad to assist you today.
Kirk Adams : Yes, there are actually several "Inspirations Jewelry" businesses if you google the name.
Kirk Adams : However, that doesn't mean that you can't use the name you propose.

Our other choice is Celebration Jewelry and Gifts LLC, I only found one Celebrations Jewelry


The LLC is our entity only, we have product names that we would be pushing that are different, this is just our business name

Kirk Adams : The main issue when you're dealing with a situation like this is to determine whether or not you're selling the same type of product, and if so, the next question is to try and determine whether or not a reasonable customer would mistake your business for the other, or vice versa.
Kirk Adams : USUALLY, if the name is XXXXX XXXXX and if the fonts and style of the name are different, then it's a pretty safe call that there would be no trademark infringement.

Both selling jewelry, but we would not be selling items with this name on it. Meaning it is our business name, not our product trademark


So would not be out there as much as say our product names

Kirk Adams : Understood.
Kirk Adams : In that case, the likelihood of mistaking one for the other is much much less.

I doubt unless the other Celebrations really looked hard they would even realize we existed. Our products are called Charmed Celebrations

Kirk Adams : If you're not actually using the name to market the product, then it should be a pretty safe bet that you wouldn't infringe on the other business's business/

Before filing for the LLC, doing a little due diligence.

Kirk Adams : I think you're right.

I felt we would be safe but this service is excellent, first time I have tried it and I will be back as it is nice to get a confirmation from a pro

Kirk Adams : Great! I'm glad I was able to assist you today. THANK YOU very much for the opportunity.

So no real reg flag in your opinion. I could call is Celebration Gift and Jewelry to really be safe, but the wife does not want it that way

Kirk Adams : I don't see any obvious issues.

So we will go with Celebration Jewely and Gift LLC if you feel it is not a big issue


Thanks very much Kirk, this has been very helpful info

Kirk Adams : I don't. Obviously, I can't guarantee that you won't upset a competitor or even be sued, but the law requires proof that the names would create a confusion for consumers and they would mistake your business for another - - and if you're not marketing with a similar/same/identical name, then I think you're ok.



Yes, I totally understand and agree as we would not be marketing anything under that name, so really no way a customer could be confused, makes perfect sense

Kirk Adams : Ok. Thanks for your understanding.
Kirk Adams : Please let me know if you have any additional questions.

I think that does it for this session, feel like we can move forward with our LLC plans


This info sealed the deal for me

Kirk Adams : Ok. Great! Please remember to positively rate our conversation! Thanks again!

I most certainly will, pleasure working with you on this


Have a great rest of the weekend

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