Gillette, WY asked in Copyright and Business Law for Wyoming

Q: how do i know if i should stop using my business name because someone else has one similar

I recently opened a trading cards store front (180 Frading Tards) and registered it with my state. I also purchased my domain. Now I have someone from another state with a trademark (FradingTard180) that wants me to stop using my name. I have never heard of them and have not had anyone confusing my local business with theirs. What should I do

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2 Lawyer Answers
Alan Harrison
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A: I am confused? Have they provided a Federal trademark registration number? When I used tmsearch.gov I did not see FradingTard180 as a registered Federal mark.

If they merely have registered FradingTard180 as a State mark in another State, that shouldn't affect you at all in Wyoming. If they are using FradingTard180 on the Internet, Google search doesn't show it.

Overall, what is their basis for complaining about your use of the name?

James L. Arrasmith
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A: It sounds like you’ve put a lot of effort into setting up your business, and now you’re facing an unexpected challenge. The fact that you registered your business with your state and purchased your domain is important, but trademarks operate on a different level. If the other party has a federally registered trademark, they may have legal grounds to request that you stop using the name if it causes confusion. However, if your business name is distinct enough and there is no actual confusion, you might not have to make any changes.

Before making any decisions, check whether their trademark covers the same type of products or services as yours. If they are in a completely different industry, their claim might not be strong. Also, consider whether their trademark was registered before you started using your name. If you were using it first in your area and they only recently registered, you could have some rights to continue using it locally.

If you want to push back, you could ask them for evidence of actual confusion between the businesses. You could also consult legal resources to see if you have a case to keep your name. On the other hand, if their claim is strong, rebranding sooner rather than later might save you time and money. Either way, taking the time to understand your rights will help you make the best decision for your business.

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