existing name for production company... at DVinfo.net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!


Reply
 
Thread Tools Search this Thread
Old April 18th, 2006, 05:25 PM   #1
Inner Circle
 
Join Date: Jun 2004
Location: Belgium
Posts: 2,195
existing name for production company...

I would like to start my own website of my own production company.
I had a name for it, but I wasn't that pleased with it, so I searched for another. Suddenly I thought of a name of which I was pleased, and I looked on the internet to see if it didn't exist already, but there were already 2 things that were named like that, both had nothing to do with film.

I'm expecting the answer to be no, but I wanted to ask here to be sure, in that case I can't also use that name, right?

Thanks,
Mathieu Ghekiere is offline   Reply With Quote
Old April 18th, 2006, 09:08 PM   #2
Inner Circle
 
Join Date: Feb 2004
Location: Brooklyn, NY, USA
Posts: 3,782
It depends on what the laws on in Belgium in part.

I went down to the County Clerk's office in my County (USA) and did a search. My name was available and I filed a DBA (Doing Business As). My web address is slightly different since someone had apparently bought the name spelled the way I want it and registered it for the business (but they never used it . . . it was bought by one of the web address collectors looking to sell names). Here it's very much dependent on where you're conducting business.

I used to edit TV Commercials for an national retail chain called "PayLess." They were able to use that name in 49 of 50 states. Aparently a chain of stores in one state had that name so PayLess had to give the stores another name (and the commercials had a different id tag) in that state.

Your web address certainly does not have to be an exact match (or even close) to your actuall business name.
Craig Seeman is offline   Reply With Quote
Old April 20th, 2006, 01:25 PM   #3
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Quote:
Originally Posted by Mathieu Ghekiere
I would like to start my own website of my own production company.
I had a name for it, but I wasn't that pleased with it, so I searched for another. Suddenly I thought of a name of which I was pleased, and I looked on the internet to see if it didn't exist already, but there were already 2 things that were named like that, both had nothing to do with film.

I'm expecting the answer to be no, but I wanted to ask here to be sure, in that case I can't also use that name, right?

Thanks,
I don't know Belgian trademark law, but I'd be surprised if it differs markedly from U.S. law.

There's no way to answer you without knowing the name, how it is used by the other two entities, and how you intend to use it. Unfortunately, I cannot give legal advice to non-clients, so I can't advise even if you provide this information. You should consult a trademark attorney, who will be able to give you a dispositive answer.
Paul Tauger is offline   Reply With Quote
Old April 20th, 2006, 01:28 PM   #4
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Quote:
Originally Posted by Craig Seeman
It depends on what the laws on in Belgium in part.

I went down to the County Clerk's office in my County (USA) and did a search. My name was available and I filed a DBA (Doing Business As). My web address is slightly different since someone had apparently bought the name spelled the way I want it and registered it for the business (but they never used it . . . it was bought by one of the web address collectors looking to sell names). Here it's very much dependent on where you're conducting business.
That's not necessarily true. A federal trademark registration give preemptive rights nationwide.

Note, too, that the merely inquiring and registering a DBA is no insurance at all against incurring trademark infringement liability.

Quote:
I used to edit TV Commercials for an national retail chain called "PayLess." They were able to use that name in 49 of 50 states. Aparently a chain of stores in one state had that name so PayLess had to give the stores another name (and the commercials had a different id tag) in that state.
The senior user of a trademark will usually (but not always) be able to claim geographic preemption based on prior use.
Paul Tauger is offline   Reply With Quote
Old April 21st, 2006, 06:19 PM   #5
Inner Circle
 
Join Date: Jun 2004
Location: Belgium
Posts: 2,195
Quote:
Originally Posted by Paul Tauger
I don't know Belgian trademark law, but I'd be surprised if it differs markedly from U.S. law.

There's no way to answer you without knowing the name, how it is used by the other two entities, and how you intend to use it. Unfortunately, I cannot give legal advice to non-clients, so I can't advise even if you provide this information. You should consult a trademark attorney, who will be able to give you a dispositive answer.

Hi Paul,

I was thinking about 'Mind in Motion' as a name for a small production house.
The other sites that I found were - note: I'm now seeing even much more sites with this name... :

http://www.mindinmotion-online.com/

http://www.mindmotionrockstheparty.com/mm.html

http://www.wondersinmotion.com/mind/

http://mindinmotion.ca/

Thanks for all the advice.
Maybe I'll just have to figure out another name :-)
Mathieu Ghekiere is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

Professional Video
(800) 833-4801
Portland, OR

B&H Photo Video
(866) 521-7381
New York, NY

Z.G.C.
(973) 335-4460
Mountain Lakes, NJ

Abel Cine Tech
(888) 700-4416
N.Y. NY & L.A. CA

Precision Camera
(800) 677-1023
Austin, TX

DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Thread Tools Search this Thread
Search this Thread:

Advanced Search

 



Google
 

All times are GMT -6. The time now is 12:38 PM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2017 The Digital Video Information Network