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Roger
Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 31493
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.
Customer:

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

Customer:

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.
Customer:

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

Customer:

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.
Customer:

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/
Customer:

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

Kirk Adams : I think you're right.
Customer:

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.
Customer:

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.
Customer:

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

Customer:

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.
Customer:

Kirk

Customer:

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.
Customer:

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

Customer:

This info sealed the deal for me

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

I most certainly will, pleasure working with you on this

Customer:

Have a great rest of the weekend

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