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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10640
Experience:  30 years of corporate, litigation and international law
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I purchased a DBA for Smitten Cosmetics through the NYC County

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I purchased a DBA for "Smitten Cosmetics" through the NYC County Clerk's office last year. Prior to purchasing the business certificate I researched the name to make sure no other companies were using similar names to prevent Legal trouble and brand confusion/ambiguity. It is only now that I am able to go forward in marketing products with the DBA name; however, I recently discovered a website for a small Australian skincare line called "Smitten Essence". Does this hinder my ability to use the "Smitten Cosmetics" DBA? Will using it only result in a cease and desist letter? Thank you!
Where does the Australian skincare company operate? How did you come across them?
Customer: replied 8 years ago.
Smitten Essence has a website (; through there I found that they sell online as well as wholesale their products to several retail stores in Australia. I found them when I researched the list of personal care companies that have signed a petition for safe cosmetics. If it helps, the major difference between their company and mine is that I would be selling color cosmetics to a young female target while their niche is more geared towards women with children. Thank you!
Your use of the name will not be a problem. Other than their online sales, Smitten Essence operates in Australia. Other than your online sales, you will be operating in the U.S. Whle both companies have Smitten in their name, that word is not sufficiently unique to create confusion. You should procede with marketing your products under your d/b/a name. To obtain added protection, you can also trademark the name and create your own unique logo which can also be trademarked.

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