Expert: George H. Morgan, P.E., Patent Agent - 7/4/2011

Question
I understand you work with patents but I am hoping this is a general question that you are able to give me an answer.

I want to use a business name that is already registered with the copyright office.  I have the same spelling but mine has a logo with a different layout and font.  The existing copyright is not for a business name it is the name of a product that does not yet exist.  My use of the "phrase" is for a service business name

Is this worth consulting a copyright attorney to pursue or should I drop it and find a new name to register?

Thank you in advance for the help.

Answer
Your instinct to consult a copyright attorney is right on! I do believe that if you are in an entirely different business, where there would be no confusion, you are on safe ground. However, I am familiar with one case which I will relate to you: There is a firm called Hyvee Power Equipment that is a small manufacturer of hydraulic aviation trailers and hydrostatic drive vehicles. I am their senior engineer. We received a "Cease and desist" letter from the corporate attorney from a Southern grocery chain named Hyvee. It is well known down South, where some of our products go, but we had never heard of it until, one time at breakfast down by our customer, the waitress thought we worked for Hyvee, the grocery chain because we were wearing our company shirts! We happened to have an outside counsel, who was not only a corporate practice attorney, but also a top notch Copyright, Trademark, and Patent Attorney, who sent a letter advising that as we were in a completely different enterprise, where there was no possibility of trade confusion, we were not infringing on them. We figured the grocery attorney either had too much time on his hands and was trying to impress his employer, or else he was really not too bright.

So, consulting a copyright attorney up front is very prudent, as you may be in the clear, but if the other party objects in spite of that, you have your back up in place.

Best wishes on your project.

George H. Morgan
Professional Engineer (since 1958)
Registered Patent Agent (since 1973)