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Can I use this business name?

StartupsRFun

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So Im starting a brand of small 2 oz. red solo cups. I initially had bought the domain Small Cup Company, as it seemed appropriate for what I was doing. I talked with a bunch of people and the name Small Cup Company is too much of a mouthful, especially when trying to say it in front of a client. So lucky Im still in the process so changing names isnt going to hurt me. The big player if you will selling these cups is called lil reds, after the red solo cups, theres others like Mini Red Cups, Red Jrs., etc. So I came up with the name Baby Reds, as they are small red cups (solo cups are sometimes referred to as reds). My question is A. will the name Baby Reds infringe on the name Lil Reds and B. Would it be a smart move, as the name makes sense, but I dont want to cause confusion between the two companies, especially from a branding perspective.
 
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D11FYY

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Buy both domains and link it together.
With small cup company.com this can be your all out company where as Baby Reds can be your brand of cup also with you owning smallcupcompany you can bring in different types of cups,colours,sizes etc so you can own both.
Sorry extremely tired just now hope that makes sense to you.
Best of luck
 

StartupsRFun

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Buy both domains and link it together.
With small cup company.com this can be your all out company where as Baby Reds can be your brand of cup also with you owning smallcupcompany you can bring in different types of cups,colours,sizes etc so you can own both.
Sorry extremely tired just now hope that makes sense to you.
Best of luck

Thanks, thats a great idea. Do you think this would be infringing on the company Lil Reds at all?
 

D11FYY

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Thanks, thats a great idea. Do you think this would be infringing on the company Lil Reds at all?
No problem its just what I would probably do if it was me.
In terms of infringing Im not exactly sure, hopefully someone with experience in this field could come on and give you a bit more direction.
I wouldnt think so it is similar but it is not the same product your selling is it?
 

StartupsRFun

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No problem its just what I would probably do if it was me.
In terms of infringing Im not exactly sure, hopefully someone with experience in this field could come on and give you a bit more direction.
I wouldnt think so it is similar but it is not the same product your selling is it?

Yeah its the same product, they are both mini solo cups. It isnt a patentable product, but I didnt know if they could come back and say my name "confused" consumers or something like that.
 
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TJPB

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Are these for babies or is that just indicating the size? I ask because anything with "baby" in the name makes me instantly think it's for babies.

I guess it depends on who your market is. I'm probably not it.

As far as questions on infringement, there is only one way to know....Lawyer.
 

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