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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99935
Experience:  Lawyer
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Good afternoon, Primary Question: My question is if "Samsung"

Customer Question

Good afternoon,
Primary Question:
My question is if "Samsung" company owns the name "Gear VR" -- currently the name of their recent flagship Virtual Reality product selling worldwide.
I am beginning a company in the same industry. My question is: legally, can I name my website "" without legal action taken against me by Samsung company?
Also, am I able to call my products "VR Gear" without legal action taken against me by Samsung company?
How can I copyright/trademark "VR Gear" if possible?
Thank you,
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
If they have copyrighted the name in Canada you cannot copyright your version of the name and on top of that you can be sued successfully if you use the name you are proposing. Your name is ***** ***** (and deliberately so) to their name and so this would be considered to be passing off. That is where you confuse the public about who is really selling the product. I am sorry you were not hoping for this answer but luckily you knew enough to ask before putting yourself at risk. Let me know if you have any follow-up questions that you need to ask for clarification.
Customer: replied 1 year ago.
Thank you.Is it possible you find out if they have copyrighted the name in Canada? If not, could you provide a way for me to find out?And to clarify, could I use the website name ("") - without branding my products "VR Gear"? Would naming my website "" also put me at risk or is that OK? As well, if the name is ***** ***** in Canada, could I still use the name and sell to US customers, since HQ in Canada?Thank you for your timeEli
Expert:  Debra replied 1 year ago.
I cannot act for you but you can contact the copyright office and ask how to do a search.You are putting yourself at risk of you use that name. It is just much to similar. If the name is ***** ***** you can try and use a similar name but you cannot sell anything to the US and perhaps even then not to those in Canada and that reason why is that you cannot look like you are tricking the public into thinking they are buying genuine licenced stuff when they are not.So you can do a search but really, you should be sitting down with an intellectual property rights lawyer in your city. If is very likely that you can do that for free for 1/2 and then you can try and figure out if there is anything you can do that will not put you at risk. Sadly, I don't really think there is.

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