Hi, I'm opening an LLC within the next couple weeks in illinois and am having trouble deciding if the name I want to take is a smart choice. Here's the scenario, a guy already in my state owns a company called JasonTheSmokeman. After hyping up the name I want with all my supporters, JacobTheSmokeman now I'm worried that he could possibly press some kind of charges towards me. What can I do trademark/patent-wise to keep myself out of trouble?
TLDR;
>new company next week w/ name "JacobTheSmokeMan"
>there already is a company called Jason the Smokeman
>Could I get in any trouble?
>new company next week w/ name "JacobTheSmokeMan"
>there already is a company called Jason the Smokeman
>Could I get in any trouble?
Yes, yes you can. Those two are entirely too close and, if the other party brings it to court, you will undoubtedly lose.
The first thing to do is contact the other party. Ask them if it's okay to use your name. Very good chance of them saying yes, especially if you're not located very near them. If they say no, you need to cut your losses and find another name.
>>16649314
Is it already taken by another company? If not you're in the clear. Only time he could press charges is if you were obviously copying him. Same layout, designs, etc
But if you're scared just think of something else.
Not much OP, might as well try to change name all together. Yes, that also means any dumb bullshit, so no:
>Jacksonthesmokeman
>Jacobthesmokeboy
There are laws based on "likeness" of brand and company, so just choose something different.
>"But I already made it official."
It's ok OP, just change it when the government asks you to.
Fascinating...
>>16649344
If a business adopts a similar name to an existing business and provides a, likewise, similar services - it can and will be considered as trademark infringement.
To add to my previous statements:
-You won't go to jail, but the fines are not insignificant.
-You have the option of saying "But I called them to check and they said it was okay if I used this name! I spoke to [random first name] on [random sensible date] and they told me I could!
Sure it's all BS, but every juror has had that time they called the cable company and were told they wouldn't be charged for such and such and were anyway. They'll almost always side with you.
Why would you hype such a terrible, and it truly is terrible, name? Why would you risk possible legal action over such a terrible name?
Are you doing this intentionally, because his business is doing well?
>>16649361
>>>/reddit/
You are garbage, OP, and I regret giving you actual advice.
Stick with the name. Post an update when he sues, and you lose everything as you obviously want to leech off of him.
>>16649415
I'm not actually using smokeman, that's just an alias I'm using for the post. To be honest it's Jacob The juiceman vs. Jimmy the Juiceman. I'm going to contact him and ask what he thinks though thanks for that advice >>16649333
OP here, still being a faggot
>>16649464
That's the same fucking thing and equally shitty.
