I remember reading an article by Tom Buscaglia saying that companies in different industries can have the same name (Dominoe's Pizza, Dominoe Software). However would something like this be legally different: Name Software compared to Name Games?

I'm no lawyer, but I'd say you'd probably get nailed on that. Flex that creativity and just make a new name, rather than taking someone else's.

FYI, it's mostly trademark law, but there are state and federal laws regarding business names that are applicable.

Your name should be sufficiently different to prevent confusion. Ultimately, it is up to the courts to determine if the name is too close.

You are better off avoiding the problem entirely rather than asking if a gray area is good enough. Even if the court would find your name is distinct enough, you would still have the expense of going through an extended legal fight.

One aspect of business is managing risk. Picking a name like that is (in my view) an unnecessary potentially bankrupting risk.

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Original post by Kenny77 I remember reading an article by Tom Buscaglia saying that companies in different industries can have the same name (Dominoe's Pizza, Dominoe Software). However would something like this be legally different: Name Software compared to Name Games?

Kenny, you need to reread that article. Tom's point was that the companies must be in clearly different industries, so as not to engender any confusion in the mind of someone familiar with one company who comes into contact with your company's product.

Games can be software, so it would definitely open the door to confusion to name your game company the same as a software company's name.

If you named your company Kleenex Games, nobody's likely to think you're the same company that makes facial tissue.

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Original post by tsloper If you named your company Kleenex Games, nobody's likely to think you're the same company that makes facial tissue.

Just because most normal people won't be easily confused doesn't mean you won't be given legal demands or even sued by the other business.

Usually the big established company can afford to spend the money on a lawsuit.

Any very large national or international corporation can afford to spend many hundred thousand dollars (though it will probably cost less than that) even if they are just told by the court, "No, it isn't infringing." A lawsuit like that is evidence that they are protecting their brand, which is something they are required to do to keep the brand distinct. Because it is a reasonable claim if you share a word or two, you probably won't recover any legal expenses.

Following the Kleenex example... Don't be surprised when (not if) you get legal demands from Kimberly-Clark, the owners of the Kleenex brand. They almost lost the brand name once due to dilution, so they'd be extra careful to sue you in order to keep it distinct. Don't use the word Kleenex unless that happens to be your own name, and even then I'd be wary.


You, on the other hand, probably can't afford such a lawsuit.

I know that McDonalds sued a window cleaner near me for using MacDonald which is his surname and a different spelling even though the window cleaning buisness was an established family firm that had been running for 70 odd years.
Microsoft also sued and one against Micro - Soft which used to be a bed manufacturing firm in Scotland and was running long before Bill Gates was even born.