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Just found out a company has a similar name (what do i do?)

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Shreyas Nampalli

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So after finding the perfect name for my new business and after buying the domain name i found out that there is an organization with the same name.

Their name just has an "s" at the end making the word plural, is in a different geographical location and has absolutely nothing to do with my business. Their domain also ends with a .org while mine is .com.

So for example ,my site is Hypersalad.com and I sell herbal powders in the US , theirs is Hypersalads.org and they are a group to develop farming communities in Australia.

Do you think this will cause any problems? Thanks in advance!
 

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AllenCrawley

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Isaac Oh

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Are they in the same country as you? Do they have a trademark on their name?
He mentioned different countries.

Would it be possible to run with the domain until he gets a cease and desist lol?

He also mentioned that they're working in completely different industries
 
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Shreyas Nampalli

Shreyas Nampalli

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Are they in the same country as you? Do they have a trademark on their name?
They are in AUS/NZ and I am in the US. I don't believe they have a trademark.

I have checked Trademark Electronic Search System (TESS) and nothing came up with my search.

Also search results for mine for ex. hypersalad vs hypersalads on google are different.

They seem to be a community building organization while I will be selling herbal supplements.
 

AllenCrawley

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I would think you're okay to proceed with the name. However, if you're very concerned you may want to seek legal advice.
 
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Shreyas Nampalli

Shreyas Nampalli

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I would think you're okay to proceed with the name. However, if you're very concerned you may want to seek legal advice.
Thank you. I may run the site if it is okay after some more research. I may be just a bit paranoid or just annoyed that I found this out after purchasing my domain lol..
 

Isaac Oh

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Thank you. I may run the site if it is okay after some more research. I may be just a bit paranoid or just annoyed that I found this out after purchasing my domain lol..
You know, a lot of law firms offer free consultations. I've asked them dozens of questions and they have an assistant answer for free. Just look for ones that say "free consultation" and send them an email or use their form
 
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Shreyas Nampalli

Shreyas Nampalli

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You know, a lot of law firms offer free consultations. I've asked them dozens of questions and they have an assistant answer for free. Just look for ones that say "free consultation" and send them an email or use their form
Thanks Issac, do you know of any you can suggest?
 

Isaac Oh

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I'm not sure how effective that link I posted is but it seems promising. Good luck!
 

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I don't foresee a problem.

The purpose of a trademark or servicemark is to identify the source of goods and services.

Or, said somewhat differently, to avoid consumer confusion.

For example, you can likely open an auto body repair shop called McDonald's without running afoul of any tradematk problems. No one expects the burger joint to be in the business of repairing cars.

But you clearly can't open a restaurant with that same name.

If you are in two different countries marketing two different services, it is difficult to imagine how this scenario would prove problematic.
 

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