Legal question

Hi,

Im making a piece of software atm.

Lets say I want to name it 'MovieMatchPro', but there is an existing website called MovieMatch providing movie making services.

can i still use the name MovieMatchPro or will they sue?

You should be fine. Your name has the PRO at thend end so its technically a completely different company. Are you starting a company around the product or just naming your software that?

1. Sadly, companies don't have to be "in the right" to sue nor do many companies who sue have a good reasonable case.

2. The best thing to do is to talk to a lawyer so that, in return for a hefty fee, you can hear a professional answer your question "maybe yes; maybe no."

3. On a more positive note, why not check out the matter on the web, discover some of the things courts have found is evidence that copyright is not violated and incorporate those into your site?

Do a bit of research on the company on the web. Are they owned by a much larger company? If so it is far more likely that they would try to protect their name, especially because its in the same field.

Now, if you go to something like legalzoom.com and register a new LLC or S corp with MovieMatchPro LLC or MovieMatchPro Inc, and you are allowed to do so by the state you are in, it is very unlikely that the company could do much as you are a legal entity, unless you try to copy what they are doing to a large degree and show no innovation at all. File a DBA in the city you are in to operate as MpvieMatchPro.com and go for it. Once you do that, your personal liability is very limited if they try to sue you, and you have the legal standing to run your business.

Also, think about other businesses. Open the yellow pages. You will see AA Acme Plumbing, AAA Plumbing, A Top Acme Plumbing etc. All are similar names, all perform same business and they all operate together. The difference is the large, established brand names who will protect their trademark and biz name, even if they know they are wrong and will lose. Its one of the things you have to do in biz to keep what you have - if you do not protect it, its gonna be taken from you by the courts.

I would say you are safe, unless the original MovieMatch company is really big. Think about it...if you came out with a soda, a cola, and called it "Coca-ColaPRO" they would sue you before you knew what hit you. On the other hand, if it's a no-name (no business) company, you should be fine.

ask your lawyer, that would be the best. Avoid legal troubles as much as you can