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Starlink is the name of Subaru's .. entertainment? center software? It's not great. It works. Seems a pretty big brand to conflict with though.
by cschep 9y ago
Starlink is the name of Subaru's .. entertainment? center software? It's not great. It works. Seems a pretty big brand to conflict with though.
- TomMarius 9y agoNot the same business though. Not sure about the USA, but in Europe, there can be multiple trademarks for one name, limited by the field of business. Simply put, a shoemaker and a software vendor can use the same name.
- SOLAR_FIELDS 9y agoIt’s the same in the U.S. I can have a shoemaker business named Microsoft without much issue.
- adventured 9y ago> I can have a shoemaker business named Microsoft without much issue. In a technical legal sense that's sometimes true. In reality, Microsoft will pursue you aggressively until you capitulate. In that sense, you have a very big issue. The less common the name, the less likely you are to skirt by without issue in such a scenario. You could name your candles, Apple Candles, and be on pretty good footing (Apple is likely to leave you alone even at scale, so long as you maintain very strict separation from what they do and their branding). If you name your candles, Google Candles, Google will figure out a way to stop you if you ever get big enough to show up on their radar. In the case of Microsoft (or Google), their name is unique enough that the USPTO is very likely to find against you for combining that unique name in as part of your new business name. You won't be able to get or defend a trademark on Microsoft Shoes, and Microsoft will shut your use down accordingly. Most often, the category separation concept works so long as the naming is at least semi-generic, such as Apple Candles or Apple Shoes. It won't work for Pepsi Shoes.
- tossaway1 9y agoDon't name your music company Apple though...
- SOLAR_FIELDS 9y agoIn the real world no matter what you make if you call it “Apple” anything someone will probably come after you and say that they are eventually going to get into this business and offer you some type of settlement.
- kinkrtyavimoodh 9y agoSubaru's market share when it comes to the world is pretty insignificant for it to matter even if it were in the same general business space, which it isn't.