Production company name being used by another

Jimmy Pierce

Jimmy Pierce

Well-known member
I've been using a company name for about 6 years. I've used it as a forefront of various projects. But the thing is, I haven't legally registered it as a production company. I have registered it as a fictitious business name, though. But, I've just now discovered that somebody else is using the same name. I already secured the domain name, which I won't be giving up, and I have several projects from over the years to provide evidence that I was using the name. Right now the other company does not seem to have used the name publicly beyond a video sharing website. I plan to use the name in the future as a legitimate company once I start doing more serious projects. What should I do? What can I do? I want to keep the name but not have to go through legal matters with the other company. Maybe a partnership one day, but I'm not thrilled at the idea, since I don't know these people and don't know their intentions.

Also, I would prefer keeping the actual name classified and those involved. I hope that is understandable.
 
Don't partner with anyone just to keep a company name.

Consult a qualified attorney. They're the only ones whose opinion you can really trust on this. Good luck.
 
chapelgrovefilms said:
Don't partner with anyone just to keep a company name.

Consult a qualified attorney. They're the only ones whose opinion you can really trust on this. Good luck.
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Of course, great advice. I'm not a lawyer but went through a similar situation about 10 years ago.

From what I gathered from your statement, it doesn't sound like anything happened, you may have just stumbled across this I assume?

I wouldn't worry about it too much if that's the case. There are so many generic company names out there or names based off of someone's last name that it;s inevitable someone is going o come up with the same name.

Registering a ficticious name protects you in your county only, but if the name is a reistered name / trademark of yours, that's where you have the right to legal action from what I understand. But if they're not infringing on what you're doing, again, would not worry about it.

Just pray that they do really well and decide to come purchase the domain from you for $100k :Drogar-BigGrin(DBG)
 
Kit Hannah said:
Of course, great advice. I'm not a lawyer but went through a similar situation about 10 years ago.

From what I gathered from your statement, it doesn't sound like anything happened, you may have just stumbled across this I assume?

I wouldn't worry about it too much if that's the case. There are so many generic company names out there or names based off of someone's last name that it;s inevitable someone is going o come up with the same name.

Registering a ficticious name protects you in your county only, but if the name is a reistered name / trademark of yours, that's where you have the right to legal action from what I understand. But if they're not infringing on what you're doing, again, would not worry about it.

Just pray that they do really well and decide to come purchase the domain from you for $100k :Drogar-BigGrin(DBG)
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...or the inverse and you can buy their name out for a paltry 20k.
 
Jimmy Pierce said:
I've been using a company name for about 6 years. I've used it as a forefront of various projects. But the thing is, I haven't legally registered it as a production company. I have registered it as a fictitious business name, though. But, I've just now discovered that somebody else is using the same name. I already secured the domain name, which I won't be giving up, and I have several projects from over the years to provide evidence that I was using the name. Right now the other company does not seem to have used the name publicly beyond a video sharing website. I plan to use the name in the future as a legitimate company once I start doing more serious projects. What should I do? What can I do? I want to keep the name but not have to go through legal matters with the other company. Maybe a partnership one day, but I'm not thrilled at the idea, since I don't know these people and don't know their intentions.

Also, I would prefer keeping the actual name classified and those involved. I hope that is understandable.
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Since it's not officially registered as a company name, unless you register it there's nothing much you can do if someone else wants to use it. OTOH, since it's not yet legally been taken by someone, they could register it as their business name then sue YOU for using it. AFAIK, evidence you had been using it before they came along won't mean squat. First one to register gets the name, simple as that. What's stopping you from filing the paperwork? Call up your attorney and get the ball rolling.
 
Steve House said:
Since it's not officially registered as a company name, unless you register it there's nothing much you can do if someone else wants to use it. OTOH, since it's not yet legally been taken by someone, they could register it as their business name then sue YOU for using it. AFAIK, evidence you had been using it before they came along won't mean squat. First one to register gets the name, simple as that. What's stopping you from filing the paperwork? Call up your attorney and get the ball rolling.
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Actually, common law use trumps a recent registration with no use. You would have to prove substantive use.

My wife is an intellectual property attorney—I hear about this stuff all the time.
 
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If you put in motion the steps to register it now though, you'll be in a much better position if either one of you gets big, because if they get big, they either have to change their name or buy it from you, and if you get big then you can prove the substantive use. Win win really.
 
My understanding is that company names are on a state level. Two different states can have a company with the same company name. National and International comes into play when you talk about trademarks, but state company registration is on a state level. Basically, what would have to happen is one of you have to file for a DBA if you both do business at a national and international level.
 
Company names are registered locally as stated and trademarks are registered nationally. If you really want that name register first.
 
Taking the necessary steps starting tomorrow.

Thanks for all the advice. I'm sure there's lots of you who have gone through the steps. What does it take locally, nationally, and internationally?


Kit Hannah said:
But if they're not infringing on what you're doing, again, would not worry about it.(DBG)
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In a way, they are, because I have my own titles that have been making their rounds and their titles will unintentionally be associated with mine. I have no doubt they have already discovered me. Unless they didn't look the name up before using it, I'm not that hard to find.
 
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This is what happens when everyone that ever posted a cat video to youtube has their own "production company".

If you want the name, register it.
 
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