FOR IMMEDIATE RELEASE
Clinton, MA, (PRWEB) December 6, 2005 Why would Starbucks, with thousands of retail outlets, pursue a tiny (10 foot wide) coffee shop whose owner, Sam Bucks, named her shop after herself?
CNBC wanted to know, so they searched the internet and found articles written by Business Attorney Jean Sifleet. Tracking her down in Boston, an interview was quickly arranged and broadcast the same day on CNBCs Closing Bell program.
According to Sifleet, Companies invest a lot of money in naming their products and services trying to achieve a distinctive and memorable name that conveys their brand image to the marketplace. Name disputes arise when someone else uses a name that is confusingly similar and seems to trade on the established business name. In the Starbucks versus Sam Bucks case, the companies are in the same line of business, and Starbucks has a business interest in protecting its name from tarnishment or dilution.
But big companies, with deep pockets, dont always win. For example, the outcome was different when Federal Express, the overnight shipping service, objected to Federal Espresso, a coffee shop/espresso machine importer which picked the name when considering a location near the Federal building. Federal Express lost because customers for overnight delivery service were savvy enough to distinguish between coffee and delivery.
Just as CNBC found her with a few clicks on the internet, Sifleet says, its easy to check out whether anyone else is already using a name you are considering. You can google it and search the US Patent and Trademark offices website, http://www.uspto.gov. If the name you select is similar to an existing one, you will want to consider whether your use is sufficiently different to avoid a battle (different type of service, or different geography). Youll also want to take steps to legally protect your name, by registering the domain name and applying for a Trademark. Once youve taken steps to legally protect your name, you will be better positioned to defend your name against copycats.
Jean Sifleet is the author of numerous publications including:
Name Disputes -- Who wins? Who Loses http://www.smartfast.com/enews/ea_naming_disputes.html,
Domain Name Disputes - What is Cybersquatting? http://www.smartfast.com/enews/ea_cybersquatting.html, and the recently released book,
Advantage IP: Profit from Your Great Ideas. Visit http://www.smartfast.com for more information.
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