Stillwater, OK asked in Business Formation, Business Law and Copyright for New York

Q: Can I use the business name e.g. ABC Appliance Repair store, if there is a store called "ABC Store". Same industry, geo.

I am launching an electronics repair store in a new state. They use the name iFix. Mine is iFix (With two other words). Would this be infringing?

2 Lawyer Answers
  • New York, NY
  • Licensed in New York

A: The answer turns on confusion in the marketplace. If the Secretary of State lets you do business under that name, it is probably fine as a matter of trademark.

  • Intellectual Property Lawyer
  • Montclair, NJ
  • Licensed in New York

A: Bottom line is I think it's infringement. First check whether "iFix" is trademarked, if not there is no presumption of ownership, but you still have knowledge of their first use in the market. You acknowledge same industry and geographic area, so those are a couple strikes against.

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