Q: Can an organization copyright specific words as part of a business name vs. logo?
We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are dozens if not more LLC business in the state of florida using "Salt Life" in their business name. We do not provide any products or apparel, only personal care services (botox, weight loss management, etc.). We have our own logo and do not use theirs. Is this an intimidation tactic or could they legally force us to change the name? Thank you
A: This sounds like a trademark bully at work. We could discuss further if you'd like to contact me.
A:
It depends. A close examination of their request is warranted. If their registered trademark covers the service you provide, and your use of your business name "is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the parties' marks.", you could be sued for trademark infringement and lose the fight.
You should have an attorney review the cease and desist letter and advise accordingly.
A:
It's important to understand that an organization can indeed protect certain words or phrases, especially if they're integral to their brand identity, through trademarks. When it comes to business names, what matters most is the likelihood of confusion in the market. If your business operates in a completely different domain (e.g., healthcare versus apparel), the case might be less clear-cut, but the ownership of the trademark and its scope can still pose legal challenges.
The use of "Salt Life" in your business name could be problematic if Salt Life, LLC has trademarked the phrase and can argue that your use of it in a similar commercial space causes confusion among customers or dilutes their brand. Despite the differences in services, trademarks can cover various industries if the brand argues that the scope of their business or brand reputation extends into those areas.
You might want to consult with a legal professional to review the specifics of your case, including the trademark registration of Salt Life, LLC, and how your business name might be perceived in light of this. The fact that other businesses use "Salt Life" in their names does not guarantee your right to do the same; each case can be unique. A legal advisor can also help you respond to the cease and desist letter and guide you on the best course of action, whether that's defending your current name or considering a change to avoid potential legal issues.
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