business name/copyright question

[kathleen]

first, hello to my old friends here, and those i haven't "met" but feel i know all the same.

my question is, given the existence of corel photo-paint, would it be unlawful for me to use the word "photopainting" in a business name?

also, the modifier i had in mind for "photopainting" is another company's name; found this out in a web search on this modifier. it is a fairly well known expression used in other contexts, by no means exclusive to this org., the vast majority would not have ever heard of this company. for example, if a company was called higgledypiggledy.com, would i be allowed to call myself higgledypiggledy graphics? (assuming i couldn't be higgledy piggledy photopainting)

finally, let me assure anyone captivated by the name higgledy piggledy i have no claim upon it, although it is rather descriptive of my ways.

kc

[Ed_L]

Hey! Kathleen!! I just knew you didn't fall off the face of the earth. Good to hear from you again. Now on to my expert opinion on law -- I don't *know* the answer to your question. But I'd like to make a very large wager that you'd be very safe in using "photopaint" in a business name. Unless you want to use the exact business name as someone else, there's no problem that I can see. Just send $75.00 to my private address. Don't be a stranger. I need another friend!

Ed

[kathleen]

hey dear ed

not fallen off face of earth, more like burrowed down in

modest, as legal fees go. hope you're right, before i get too married to this name.

i think there's a proverb about he who would have friends must show himself friendly . . . you ought never lack.

kc

ps didn't mean to post this here, forgot to start a new thread. oh well.

[[email protected]]

name

Basically you have to go to your city records and do a dba search, each area has its own regulations, it is usually you cannot use a name if the same or close to another already registered in your area.
The other part is trade marks, if you use a trade marked one, even something close sounding is an enfringement and they will zap you. Such as, nobody can have a restaurant any where near sounding Mc..... because of McDonalds.
I had a local cleaners get into deep trouble for naming his business In n' Out, like In n' Out hamburgers, they requested him to stop using the name, he thought it silly and then whamie, they sued him big time.

[kathleen]

thanks p

i have spied both a little tm and a little r after the photo-paint, not everywhere, but several places. i was hoping no dash and an ing would make a difference, but sounds like it's back to the old drawing board . . .

[kathleen]

well, i checked the govt. office over trademarks and there are 4 that contain both the words photo and paint, someone else has one called something like z'art photopaint by numbers. which makes me think mine would prob be ok, but now am wondering if it would be better to get something completely unlike anyone elses

also found this that clarified some:

'See if any of the identical or similar occurrences in websites are being used to promote a product and have a little TM (™)or an R in a circle (®) next to them. If you find an identical trademark, you're out of luck. However, if you find a similar trademark it's still possible that you might be able to use the one you want, but you'll probably have to check it with a lawyer or a trademark search company" from a website called soyouwanna.com. good info and funny.

if i do need a lawyer i will just call ed.