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If a company has a name "x" is a name called "the x" ok?

1 Answers. Asked on May 15th, 2014 on Intellectual Property - Texas
More details to this question:
I own the domain to the"x".com and would like that to also be the company name, but another owns the domain "x".com Is it still ok to refer to my group as "the x"?
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David Scott Safran at Roberts Mlotkowski Safran Cole & Calderon, P.C.
Licenced in VA
Answered on May 16th, 2014 at 6:29 PM

you statement of facts is contradictory.  First you state that you own the domain to the"x".com but then you state that another company owns the domain "x".com. Which is correct.  If you want to have a domain and a company name that is the same, assuming that another company owns a domain that is the same as your preferred company name, you need to either buy the domain from the other company or choose a name that is available both as a company name and as a domain; while the mere ownership of a domain by another would not necessarily preclude you from using the name as a company name, it might place restrictions on your use of the name, especially if the name is also used by the other company as a trademark.  I think you need to discuss specific detailed facts with a trademark attorney before making any final decisions.

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Intellectual Property
The legal system recognizes the rights of people and companies that invent and create unique works, granting them ownership of those tangible and intangible assets through a number of intellectual property laws. Intellection property, or IP, includes patents, trademarks, copyright, trade dress and trade secrets. Intellectual property attorneys work with businesses and individuals (including inventors, writers, composers, artists and designers) to help protect these intellectual assets. IP lawyers and law firms can assist with taking initial steps to protect assets, while also working with clients to license items and to protect assets that are plagiarized, infringed and/or misappropriated.
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