Ok, so technically you can't do anything if you haven't legally protected your brand name. It's a "whoever gets to it first gets it" kinda thing. It sucks, but if it IS legally protected, you have a strong case since it's the exact spelling AND in the same industry (direct competitor).
Actively using the mark already provides legal protection. Even if it's not formally registered. The latter however, does make legal proceedings a lot easier (and less expensive).
That's really good to know! I've had a few friends back down from C&Ds when their brand name was too similar (not even an exact match) to someone else's.
thanks @cat ! I will get the USPTO trademark Marc mentioned! I didn't realise anyone could just come and take a name, did some AI research lol:
Burger King of Florida vs. Hoots (1979):
A small ice cream shop in Illinois called "Burger King" had been operating since 1957, predating the national fast-food chain's expansion into that state. When the larger Burger King tried to open in Illinois, the small shop sued. The court ruled that the smaller Burger King could continue using its name within a 20-mile radius of its original location, while the larger chain could use the name elsewhere in the state.
Ok, so technically you can't do anything if you haven't legally protected your brand name. It's a "whoever gets to it first gets it" kinda thing. It sucks, but if it IS legally protected, you have a strong case since it's the exact spelling AND in the same industry (direct competitor).
Actively using the mark already provides legal protection. Even if it's not formally registered. The latter however, does make legal proceedings a lot easier (and less expensive).
That's really good to know! I've had a few friends back down from C&Ds when their brand name was too similar (not even an exact match) to someone else's.
They didn't have a lawyer on retainer, though.
thanks @cat ! I will get the USPTO trademark Marc mentioned! I didn't realise anyone could just come and take a name, did some AI research lol:
Burger King of Florida vs. Hoots (1979):
A small ice cream shop in Illinois called "Burger King" had been operating since 1957, predating the national fast-food chain's expansion into that state. When the larger Burger King tried to open in Illinois, the small shop sued. The court ruled that the smaller Burger King could continue using its name within a 20-mile radius of its original location, while the larger chain could use the name elsewhere in the state.