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I found a name for the Salon I am going to own on nameyoursalon.com According to the 'legal' information on their site - I can use any name they suggest as long as it doesn't confuse customers as to the true ownership . Is this correct? Could I call my salon 'General Electrically Hair Styles' or 'I can't believe it's not Vidal Sassoon', both are names they suggest on the site.
Quote:
Originally Posted by KatesBrother
Are you incorporating? Is this a d/b/a ("doing business as")?
That site does not address specific State laws so I would not trust it.
This is a question to ask an Attorney for a 100% definite, legal answer under the Laws of your State or you could very well be sued.
Yikes... I wouldn't.
You need to pick a name that sounds good. I would never get my hair cut at a place called either of those.
It needs to be a catchy simple name... "Hey where did you get your hair done?"
"Ohh.. over at I can't believe its not Vidal Sassoon"
No good
Not to mention.. I would NOT use the name of another company in your name. You are asking for trouble.
Do you mean that I should stay clear of any name on nameyoursalon.com - that would be difficult they seem to have thousands of names.Quote:
Originally Posted by JudyKayTee
Do you mean that even if there is a dot.com address available I need a lawyer before proceeding?
Oh, and thanks for your speedy reply
Ha - I wasn't seriously thinking of calling my salon "I can't believe its not Vidal Sassoon" - I might get a few laughs, but few customers.Quote:
Originally Posted by StaticFX
Actually I liked "The Way You'll Look Tonight". What do you think about that?
Quote:
Originally Posted by KatesBrother
If you are intending to use a name which contains ANOTHER name I would certainly consult with an Attorney - the fact that the name is available does not mean it's not protected and that you can't be sued.
And I have no idea who runs that website or how accurate it is - or how accurate the information is.
So protect yourself now so you don't have to defend yourself later.
I read in a legal paper about a month ago that the Pizza Hut chain has sent out letters warning people to stop using any name which contains the words "Pizza Hut" in any form or fashion.
Here is what nameyoursalon.com says in their legal notice. Would you agree?Quote:
Originally Posted by JudyKayTee
Names can be trademarked (not copyrighted or patented). There is no worldwide jurisdiction for trademarks. Though the names you might find here are almost exclusively in English they are used - or can be - all over the world. Before you make the huge investment in choosing a name for your lifetime project, make sure that nobody else in your jurisdiction has the right to prevent you from doing so!
If you are located in the United States, you can use the free trademark search services at USPTO to check what sort of claims are made on the name you desire.
Keep in mind that you create trademark rights by use - and thus, in the case of many users perhaps ignorant of each others existence, the question is; who can claim first use? By applying for and receiving trademark registration from the USPTO ( it will cost you $245, or more if you go through a lawyer) you can strengthen your claim - or somebody else's
Just because a name is registered, doesn't mean you can't register too. A trademark gives you the right to exclude competitors from using names, symbols or slogans that customers would confuse with your company - this is why the name "Lexus" is a car, a brand of pesticide, and an alcoholic beverage - because the varying nature of these products does not confuse us into thinking they come from the same company.
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