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Montana Copyright Questions & Answers
2 Answers | Asked in Copyright, Business Law, Trademark and Intellectual Property for Montana on
Q: I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?

It is not a registered business or trademark. They only have the domain name.

Sean Goodwin
Sean Goodwin
answered on Mar 21, 2024

This is potentially a problem.

Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.

Federal trademark...
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2 Answers | Asked in Copyright, Business Law, Trademark and Intellectual Property for Montana on
Q: I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?

It is not a registered business or trademark. They only have the domain name.

James L. Arrasmith
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answered on Mar 22, 2024

If "Fit.ai" is not a registered business name or trademark, and you're planning to use it for an app, you might be able to do so. However, just because the name isn't registered doesn't mean it's free from potential legal complications. The fact that another entity,... View More

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1 Answer | Asked in Employment Law, Contracts, Copyright and Business Law for Montana on
Q: Regarding the employment of an individual to work on a Youtube channel, what are the conditions of a non-compete clause?

In this case, the agreement prohibits "similar derivative" from being created by the employee.

What are the space, time and content limitations of such clauses? Are there others?

What are legal references to such provisions?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 17, 2020

You need to contact an attorney to understand this better.

The restrictions can be limited to a reasonable time and geographical area.

It also depends on whether there was compensation and the amount of said compensation.

1 Answer | Asked in Business Law, Intellectual Property, Trademark, Business Formation and Copyright for Montana on
Q: What are some ways I can check on the legal rights I have to a potential name for a developing small business?

I am interested in starting a freelance writing business. I recently learned that before I can proceed with the name I will need to confirm that the name is not at all infringing on any copyright laws. I am pretty new to this stuff and I'd really appreciate some advice for how to go about... View More

Will Blackton
Will Blackton
answered on Dec 8, 2017

Short phrases and names are generally not protected by copyright law. What you're probably thinking of is trademark infringement - the key question being, will your name confuse consumers, that is, might consumers believe that your company is affiliated with or endorsed by E. B. White, Harper... View More

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