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Goliath 1, David zip, and shame on Carver Boat Co. :-(
Family names are exempt for trade mark or name infringments. You don't even
have to do a public notice of your intent to use you family name as your business name. However, don't try to get 'tricky' line that kid that registered a interenet domain as MicRowSoft.com (not sure of the spelling).. Seem his first name was Mike and last name was Rowe (or something like that).. Anyway he lost in court but MicroSoft gave him some other concesions, out of the goodness of their hearts.. I have registered my business name in both Calif and WA and each time it involved publishing a notice of intent to use that name. The state licensing offices also verify if it has already been registered at the state level.. However, such an action only protects me from another business using the name in those states.. If a business from outside these two states has TradeMarked or registered this name with the feds. then I'm scewed if they move into Calif. or WA... Even if I had state register it before them.. I've never been challenged and wouldn't have any 'good' reason to fight it if it came to that. I only maintain my business lic. for wholesale and business discount advantages. Steve s/v Good Intentions |