Hypothetically (don't take the names literally, trying to ask about the concept): let's say you open a fast food chain and call it MacRobert or MacDob ..., you sell junk food but burgers is not your primary offering. Could big corporation like MacDonalds for instance go after you because of naming pattern in a similar industry? Now in the tech or web industry would that be more of a sensible issue?
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It doesn't really matter whether they can go after you legally and succeed at stopping you in court. The question you have to ask yourself is, "Does my startup have the money to waste on legal fees defending an action that I know in advance will cause legal problems." |
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Look up eBay vs. PerfumeBay.com Perfume bay had a protracted battle to keep their name, but ultimately lost. They sold perfume - in no way a direct eBay competitor. However, eBay argued, and won to a significant degree, that by virtue of PerfumeBay (a) using the internet to market its products, and (b) with the inclusion of "Bay" in their name, PerfumeBay has diluted eBay's trademarked name. Sad, but true. |
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I think you cannot do it because of the Trademark Dilution law concept: http://en.wikipedia.org/wiki/Trademark_dilution |
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