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Brick and mortar name versus online name brand



 
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Old April 10th, 2008 Apr 10, 2008 10:40:23 AM -   #1 (permalink)
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Default Brick and mortar name versus online name brand

I wanted to ask, if a brick and mortar store in the UK has the same name as a business I wanted to register, but they are not branded, its just the store name.
Can I still use the name I want to create a brand?
Or is that brand taken?? Even though they don't sell original clothing.

Also, can you change it from clothing to apparel and get away with it??

Exam.
Eco Apparel - all they sell is eco friendly brands but not any of their own original clothing.
then if i come out with Eco Clothing- And all I sell is original shirts and clothing? How does this work?
 
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Old April 10th, 2008 Apr 10, 2008 2:33:51 PM -   #2 (permalink)
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Default Re: Brick and mortar name versus online name brand

I think you might be hosed. You run the risk that brick and mortar operation could come after you for infringement, and you'd have to close up the website and give them the URL registration, after you've already invested all the time and money into building your site. In the long run, probably better to start out with a unique name and avoid the risk.
 
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Old April 10th, 2008 Apr 10, 2008 5:19:03 PM -   #3 (permalink)
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Default Re: Brick and mortar name versus online name brand

Thanks thats what i thought but wanted to double check.

I already registered a unique name but was wondering.
 
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Old April 10th, 2008 Apr 10, 2008 6:24:41 PM -   #4 (permalink)
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Default Re: Brick and mortar name versus online name brand

If they're in the UK, you might be ok.

If they don't have a trademark, it could very well be doable.

Now, if you ever wanted to do business in the UK under that name, then you might run into some problems.
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