Company Name Problem?
-
Does anybody know, can I protect my company name? Can I prevent potential competitors from using the same name? I've been operating under the name "Supernova Software" since 1998, when I released a very complete 3D code library to integrate Glide, OpenGL, and Quickdraw 3D into a single API. Since then I've had regular releases of either standalone software or web sites, consistently through the years. All of them have been branded with the Supernova Software name. In short, I can prove and document that I've used the name since 1998. However, I only recently registered as an LLC in Colorado. I'm about to have a product be released nationally and it's expected to generate sums of cash I can't even comprehend, so I need to be legit. I discovered someone using the same company name, and they also somehow got the domain name, and there's a big "coming soon" there on the site. Clearly, if they are "coming soon" and I've been around a long time, I had the name first. I don't know if that matters though. I asked them not to use the name and they refused. I'm told this is OK as long as they don't do business in Colorado under that name? But I'm going to be doing business in all 50 states (I think) because that's where my product will be used? Does anybody have any comment on this? Do I need to register in all 50 states? That seems unreasonable, but if it's true, what's to prevent me (or anyone else) from registering as "Microsoft" in Colorado? Clearly, I wouldn't be "the" Microsoft, and this guy won't be "the" Supernova Software either, but this is so confusing... I guess I need to lawyer-up in a big way, but I'm not sure how to handle that either really...:confused: I would hate to give up the name, and it's fairly popular and used by several entities already, but none of them are software development companies, and nobody is using the exact name either, there's Supernova Publishing and so on. In Colorado I own the name "Supernova Software, LLC" but I don't know about other states.
"Quality Software since 1983!"
http://www.smoothjazzy.com/ - see the "Programming" section for freeware tools and articles.Jasmine2501 wrote:
Does anybody know, can I protect my company name?
Yes, you can trademark[^] a business name. You can file online and it costs $275 or $325. However, if the other company has already applied, you will lose.
Jasmine2501 wrote:
I'm about to have a product be released nationally and it's expected to generate sums of cash I can't even comprehend, so I need to be legit.
Get thee to a lawyer, quick-time. You do not want to lose that money now or have to squander it fighting legal battles later on. A question: Is that money contingent on the Supernova Software name? If not, why not think about a new name, one that you can defend.
Jasmine2501 wrote:
I discovered someone using the same company name, and they also somehow got the domain name
That domain was registered in November 2001, so they didn't "somehow got the domain name". Hindsight, of course, but you should have secured the domain name when you started operating under the name Supernova Software.
Jasmine2501 wrote:
I asked them not to use the name and they refused. I'm told this is OK as long as they don't do business in Colorado under that name?
There can be a geographic restriction on trademark use. However, I don't see any evidence on your website that you ever claimed a trademark on the term Supernova Software. You would need to stake a claim on a specific term by putting (TM) after it, but you don't seem to have done even that. Better yet is to register with PTO so you can use the R symbol.
Jasmine2501 wrote:
Do I need to register in all 50 states?
No, you only need to register where you have a physical presence, i.e. a retail store or a sales office.
Jasmine2501 wrote:
In Colorado I own the name "Supernova Software, LLC"
Are you sure? Just because you legally formed a company under a certain name doesn't mean the name is registered with the state for protection. There is usually a separate procedure involved. So, anyhow, congratulations and good luck! Ed
-
Does anybody know, can I protect my company name? Can I prevent potential competitors from using the same name? I've been operating under the name "Supernova Software" since 1998, when I released a very complete 3D code library to integrate Glide, OpenGL, and Quickdraw 3D into a single API. Since then I've had regular releases of either standalone software or web sites, consistently through the years. All of them have been branded with the Supernova Software name. In short, I can prove and document that I've used the name since 1998. However, I only recently registered as an LLC in Colorado. I'm about to have a product be released nationally and it's expected to generate sums of cash I can't even comprehend, so I need to be legit. I discovered someone using the same company name, and they also somehow got the domain name, and there's a big "coming soon" there on the site. Clearly, if they are "coming soon" and I've been around a long time, I had the name first. I don't know if that matters though. I asked them not to use the name and they refused. I'm told this is OK as long as they don't do business in Colorado under that name? But I'm going to be doing business in all 50 states (I think) because that's where my product will be used? Does anybody have any comment on this? Do I need to register in all 50 states? That seems unreasonable, but if it's true, what's to prevent me (or anyone else) from registering as "Microsoft" in Colorado? Clearly, I wouldn't be "the" Microsoft, and this guy won't be "the" Supernova Software either, but this is so confusing... I guess I need to lawyer-up in a big way, but I'm not sure how to handle that either really...:confused: I would hate to give up the name, and it's fairly popular and used by several entities already, but none of them are software development companies, and nobody is using the exact name either, there's Supernova Publishing and so on. In Colorado I own the name "Supernova Software, LLC" but I don't know about other states.
"Quality Software since 1983!"
http://www.smoothjazzy.com/ - see the "Programming" section for freeware tools and articles.How about changing the name of your company to something like Black Hole Software... that is, if it is not already taken? You could tell potential customers that that is where their requests for enhancements and bug fixes will end up... never to see the light of day again! Come on, smile! ;P
-
Does anybody know, can I protect my company name? Can I prevent potential competitors from using the same name? I've been operating under the name "Supernova Software" since 1998, when I released a very complete 3D code library to integrate Glide, OpenGL, and Quickdraw 3D into a single API. Since then I've had regular releases of either standalone software or web sites, consistently through the years. All of them have been branded with the Supernova Software name. In short, I can prove and document that I've used the name since 1998. However, I only recently registered as an LLC in Colorado. I'm about to have a product be released nationally and it's expected to generate sums of cash I can't even comprehend, so I need to be legit. I discovered someone using the same company name, and they also somehow got the domain name, and there's a big "coming soon" there on the site. Clearly, if they are "coming soon" and I've been around a long time, I had the name first. I don't know if that matters though. I asked them not to use the name and they refused. I'm told this is OK as long as they don't do business in Colorado under that name? But I'm going to be doing business in all 50 states (I think) because that's where my product will be used? Does anybody have any comment on this? Do I need to register in all 50 states? That seems unreasonable, but if it's true, what's to prevent me (or anyone else) from registering as "Microsoft" in Colorado? Clearly, I wouldn't be "the" Microsoft, and this guy won't be "the" Supernova Software either, but this is so confusing... I guess I need to lawyer-up in a big way, but I'm not sure how to handle that either really...:confused: I would hate to give up the name, and it's fairly popular and used by several entities already, but none of them are software development companies, and nobody is using the exact name either, there's Supernova Publishing and so on. In Colorado I own the name "Supernova Software, LLC" but I don't know about other states.
"Quality Software since 1983!"
http://www.smoothjazzy.com/ - see the "Programming" section for freeware tools and articles.Realistically, unless you are trying to spend real money to get your name back, there is probably not much you can do. Even with money it may be too late - but if you are determined you need to speak to a lawyer. You may have a case that you have built up a brand name and they would be "passing off" by selling software under your company name - they would benefit from the reputation you have established. If you are only just about to release a major product, this may be the time to switch to a clean name. Think whether it has any real dollar value to your business, if so it may be worth spending some money to try to defend it. If it is just something you like, be pragmatic and move on. Some battles may not be worth fighting. Changing name may not be such a big deal - you can always put your history in the "about us" section of your website.
Peter "Until the invention of the computer, the machine gun was the device that enabled humans to make the most mistakes in the smallest amount of time."
-
I I were a Christian, I would think God would be miffed if I just left my business affairs in His hands. You have to work hard to succeed in business, it's your endeavour. It's like brining a puppy home because it's cute, and then expecting your parents to look after it because you want to go and play with your friends.
-
Realistically, unless you are trying to spend real money to get your name back, there is probably not much you can do. Even with money it may be too late - but if you are determined you need to speak to a lawyer. You may have a case that you have built up a brand name and they would be "passing off" by selling software under your company name - they would benefit from the reputation you have established. If you are only just about to release a major product, this may be the time to switch to a clean name. Think whether it has any real dollar value to your business, if so it may be worth spending some money to try to defend it. If it is just something you like, be pragmatic and move on. Some battles may not be worth fighting. Changing name may not be such a big deal - you can always put your history in the "about us" section of your website.
Peter "Until the invention of the computer, the machine gun was the device that enabled humans to make the most mistakes in the smallest amount of time."
cp9876 wrote:
Realistically, unless you are trying to spend real money to get your name back, there is probably not much you can do. Even with money it may be too late - but if you are determined you need to speak to a lawyer. You may have a case that you have built up a brand name and they would be "passing off" by selling software under your company name - they would benefit from the reputation you have established.
The behavior so far has been very amateurish. Trying to registering the trademark asap seems to be the only chance.
-
Does anybody know, can I protect my company name? Can I prevent potential competitors from using the same name? I've been operating under the name "Supernova Software" since 1998, when I released a very complete 3D code library to integrate Glide, OpenGL, and Quickdraw 3D into a single API. Since then I've had regular releases of either standalone software or web sites, consistently through the years. All of them have been branded with the Supernova Software name. In short, I can prove and document that I've used the name since 1998. However, I only recently registered as an LLC in Colorado. I'm about to have a product be released nationally and it's expected to generate sums of cash I can't even comprehend, so I need to be legit. I discovered someone using the same company name, and they also somehow got the domain name, and there's a big "coming soon" there on the site. Clearly, if they are "coming soon" and I've been around a long time, I had the name first. I don't know if that matters though. I asked them not to use the name and they refused. I'm told this is OK as long as they don't do business in Colorado under that name? But I'm going to be doing business in all 50 states (I think) because that's where my product will be used? Does anybody have any comment on this? Do I need to register in all 50 states? That seems unreasonable, but if it's true, what's to prevent me (or anyone else) from registering as "Microsoft" in Colorado? Clearly, I wouldn't be "the" Microsoft, and this guy won't be "the" Supernova Software either, but this is so confusing... I guess I need to lawyer-up in a big way, but I'm not sure how to handle that either really...:confused: I would hate to give up the name, and it's fairly popular and used by several entities already, but none of them are software development companies, and nobody is using the exact name either, there's Supernova Publishing and so on. In Colorado I own the name "Supernova Software, LLC" but I don't know about other states.
"Quality Software since 1983!"
http://www.smoothjazzy.com/ - see the "Programming" section for freeware tools and articles.Obviously, you need to see a lawyer. If you have a personal lawyer, tell him/her what you're interested in, and if they don't handle it (they typically don't), have them refer you to someone who handles that type of law in your area. As far as the domain goes, you might try asking the current owner how much they want for it. If it's 'under construction', and has been for some time, they might be willing to sell it to you for a relatively small amount. There's an ongoing business where folks register 'interesting' domain names and then resell them at auction. If the current holder is one of those, the domain probably has an existing price.
Software Zen:
delete this; -
Does anybody know, can I protect my company name? Can I prevent potential competitors from using the same name? I've been operating under the name "Supernova Software" since 1998, when I released a very complete 3D code library to integrate Glide, OpenGL, and Quickdraw 3D into a single API. Since then I've had regular releases of either standalone software or web sites, consistently through the years. All of them have been branded with the Supernova Software name. In short, I can prove and document that I've used the name since 1998. However, I only recently registered as an LLC in Colorado. I'm about to have a product be released nationally and it's expected to generate sums of cash I can't even comprehend, so I need to be legit. I discovered someone using the same company name, and they also somehow got the domain name, and there's a big "coming soon" there on the site. Clearly, if they are "coming soon" and I've been around a long time, I had the name first. I don't know if that matters though. I asked them not to use the name and they refused. I'm told this is OK as long as they don't do business in Colorado under that name? But I'm going to be doing business in all 50 states (I think) because that's where my product will be used? Does anybody have any comment on this? Do I need to register in all 50 states? That seems unreasonable, but if it's true, what's to prevent me (or anyone else) from registering as "Microsoft" in Colorado? Clearly, I wouldn't be "the" Microsoft, and this guy won't be "the" Supernova Software either, but this is so confusing... I guess I need to lawyer-up in a big way, but I'm not sure how to handle that either really...:confused: I would hate to give up the name, and it's fairly popular and used by several entities already, but none of them are software development companies, and nobody is using the exact name either, there's Supernova Publishing and so on. In Colorado I own the name "Supernova Software, LLC" but I don't know about other states.
"Quality Software since 1983!"
http://www.smoothjazzy.com/ - see the "Programming" section for freeware tools and articles.In all states, when you register to do business under a name, that name is protected in that state for your use. This, however, has little bearing on your status in any other state. (There are interstate pacts that have some influence for well known companies and deliberate attempts to use duplicate names to capitalize on the success of a company and/or product, though cases concerning this are rare.) What prevents you from "registering as 'Microsoft' in Colorado' are registered trademark laws. To reserve a name throughout the United States, you must register it as a trademark with the United States Patent and Trademark Office. (www.uspto.gov) In your case, the question is whether Supernova is registered as a trademark for any software company or in a field that could be easily confused with your endeavor. Note that simply using a name or claiming a trademark (using a TM, rather than a ® (R inside a circle)) offers you only a little protection and is superceded by registered trademarks. (As with registered copyright, the amount you may recover with TM is limited.) Your only solution is to register a trademark with the USPTO or risk someone else doing it before you. Once you have registered, your problems aren't over. You would have to pursue anyone who violates your trademark. Failure to do so could result in loss of your trademark (this is one reason Jello® runs so many ads and is very diligant about suing anyone who uses their mark improperly)
Anyone who thinks he has a better idea of what's good for people than people do is a swine. - P.J. O'Rourke
-
cp9876 wrote:
Realistically, unless you are trying to spend real money to get your name back, there is probably not much you can do. Even with money it may be too late - but if you are determined you need to speak to a lawyer. You may have a case that you have built up a brand name and they would be "passing off" by selling software under your company name - they would benefit from the reputation you have established.
The behavior so far has been very amateurish. Trying to registering the trademark asap seems to be the only chance.
I did all that stuff, yes. My application hasn't been approved yet for trademark.
"Quality Software since 1983!"
http://www.smoothjazzy.com/ - see the "Programming" section for freeware tools and articles. -
In all states, when you register to do business under a name, that name is protected in that state for your use. This, however, has little bearing on your status in any other state. (There are interstate pacts that have some influence for well known companies and deliberate attempts to use duplicate names to capitalize on the success of a company and/or product, though cases concerning this are rare.) What prevents you from "registering as 'Microsoft' in Colorado' are registered trademark laws. To reserve a name throughout the United States, you must register it as a trademark with the United States Patent and Trademark Office. (www.uspto.gov) In your case, the question is whether Supernova is registered as a trademark for any software company or in a field that could be easily confused with your endeavor. Note that simply using a name or claiming a trademark (using a TM, rather than a ® (R inside a circle)) offers you only a little protection and is superceded by registered trademarks. (As with registered copyright, the amount you may recover with TM is limited.) Your only solution is to register a trademark with the USPTO or risk someone else doing it before you. Once you have registered, your problems aren't over. You would have to pursue anyone who violates your trademark. Failure to do so could result in loss of your trademark (this is one reason Jello® runs so many ads and is very diligant about suing anyone who uses their mark improperly)
Anyone who thinks he has a better idea of what's good for people than people do is a swine. - P.J. O'Rourke
Yes, thanks. That makes sense. I guess I've heard that somewhere before but I just didn't think about it. I did try to register, but my application hasn't been approved yet. It's kind of expensive so I hope it works out. Otherwise, I guess I'll have to go with a different name.
"Quality Software since 1983!"
http://www.smoothjazzy.com/ - see the "Programming" section for freeware tools and articles. -
Does anybody know, can I protect my company name? Can I prevent potential competitors from using the same name? I've been operating under the name "Supernova Software" since 1998, when I released a very complete 3D code library to integrate Glide, OpenGL, and Quickdraw 3D into a single API. Since then I've had regular releases of either standalone software or web sites, consistently through the years. All of them have been branded with the Supernova Software name. In short, I can prove and document that I've used the name since 1998. However, I only recently registered as an LLC in Colorado. I'm about to have a product be released nationally and it's expected to generate sums of cash I can't even comprehend, so I need to be legit. I discovered someone using the same company name, and they also somehow got the domain name, and there's a big "coming soon" there on the site. Clearly, if they are "coming soon" and I've been around a long time, I had the name first. I don't know if that matters though. I asked them not to use the name and they refused. I'm told this is OK as long as they don't do business in Colorado under that name? But I'm going to be doing business in all 50 states (I think) because that's where my product will be used? Does anybody have any comment on this? Do I need to register in all 50 states? That seems unreasonable, but if it's true, what's to prevent me (or anyone else) from registering as "Microsoft" in Colorado? Clearly, I wouldn't be "the" Microsoft, and this guy won't be "the" Supernova Software either, but this is so confusing... I guess I need to lawyer-up in a big way, but I'm not sure how to handle that either really...:confused: I would hate to give up the name, and it's fairly popular and used by several entities already, but none of them are software development companies, and nobody is using the exact name either, there's Supernova Publishing and so on. In Colorado I own the name "Supernova Software, LLC" but I don't know about other states.
"Quality Software since 1983!"
http://www.smoothjazzy.com/ - see the "Programming" section for freeware tools and articles.I'm not sure what competitor you're running against for the name, but I know there was a vaporware game called
Stars! Supernovathat after several years of missed deadlines got cut off by Empire Interactive about 5 or 6 years ago.-- CleaKO The sad part about this instance is that none of the users ever said anything [about the problem]. Pete O`Hanlon Doesn't that just tell you everything you need to know about users?
-
I'm not sure what competitor you're running against for the name, but I know there was a vaporware game called
Stars! Supernovathat after several years of missed deadlines got cut off by Empire Interactive about 5 or 6 years ago.-- CleaKO The sad part about this instance is that none of the users ever said anything [about the problem]. Pete O`Hanlon Doesn't that just tell you everything you need to know about users?
There are a lot of things that use the term, but the exact phrase "Supernova Software, LLC" can't be used by anyone but me. The trademark application is pending.
"Quality Software since 1983!"
http://www.smoothjazzy.com/ - see the "Programming" section for freeware tools and articles.