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How do i Protect my Business Name?? |
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Keera Woyseck
Registered User
Join date: 30 Sep 2005
Posts: 45
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01-09-2009 13:57
I just found another is using my business name in SL!! It is even a Similar Business! I have been Using that Name since 2005, and have a Region Name after it! Now I find another using it??? What can I do to protect the name and reputation I have literally worked YEARS building???
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HoneyBear Lilliehook
Owner, The Mall at Cherry
Join date: 18 Jun 2007
Posts: 4,500
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01-09-2009 14:02
I just found another is using my business name in SL!! It is even a Similar Business! I have been Using that Name since 2005, and have a Region Name after it! Now I find another using it??? What can I do to protect the name and reputation I have literally worked YEARS building??? Have you taken steps to have your business name protected in RL, such as filing a Fictitious Business Name Statement? Do you file a tax return with a Schedule C, showing your business name? If not, then you really don't have any legal leg to stand on. I would, however, simply send a notecard to the owner of the other business and point out that you've been using the name since 2005, providing whatever documentation you can, and requested that they change their name. If they cannot or will not, you could try an AR for fraud, but I sincerely doubt that the Lindens will get involved. I could be wrong, and if so, I hope someone will correct me. _____________________
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Ann Otoole
Registered User
Join date: 22 May 2007
Posts: 867
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01-09-2009 14:03
Register a trademark and then use a lawyer to send a cease and desist followed by a lawsuit if they refuse.
Oh and if you are making enough to cost justify that then tell us what business you are in. ![]() |
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Cristalle Karami
Lady of the House
Join date: 4 Dec 2006
Posts: 6,222
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01-09-2009 14:04
See a trademark attorney, if your business is profitable enough. You would likely have first use in commerce in this particular area, and although you may not have federal protection, California state trademark laws may protect you.
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Kidd Krasner
Registered User
Join date: 1 Jan 2007
Posts: 1,938
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01-09-2009 18:35
Have you taken steps to have your business name protected in RL, such as filing a Fictitious Business Name Statement? Do you file a tax return with a Schedule C, showing your business name? This raises a bunch of interesting questions. To keep it simple, a single business can own multiple trademarks. The obvious example here is that Linden Research, Inc. owns the Linden Lab and Second Life trademarks (both registered), as well as LindeX and others that aren't registered. So, while having that paper trail would certainly help the case, it's not entirely clear that the lack of those items means there are no trademark rights. I would, however, simply send a notecard to the owner of the other business and point out that you've been using the name since 2005, providing whatever documentation you can, and requested that they change their name. If they cannot or will not, you could try an AR for fraud, but I sincerely doubt that the Lindens will get involved. I'd describe the AR violation as a trademark violation, because I think it would carry more weight. But I don't really know for sure how LL would handle either type of complaint. |
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Kidd Krasner
Registered User
Join date: 1 Jan 2007
Posts: 1,938
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01-09-2009 18:36
Register a trademark and then use a lawyer to send a cease and desist followed by a lawsuit if they refuse. Oh and if you are making enough to cost justify that then tell us what business you are in. ![]() It's not necessary to register the trademark before taking action. Useful, but not necessary. |