Legalitly of naming a bar/restaurant

[guids]

I am opening up a nightclub in 6 weeks, we have everything in place, we just need a name, we have a few in mind, but I dont know the legality of "stealing" a name from a place (out of state). Ie, if I wanted to name it the Stardust, or Peppermill, what is the legality of that? I know when you file the LLC (a diff name from the restaurant) they make sure you arent naming it the same as another person, but what about the actual place? also, any suggestions for a retro 50s/60s name would be cool, free drink if I pick yours and you come in.....

[Thremp]

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I am opening up a nightclub in 6 weeks, we have everything in place, we just need a name, we have a few in mind, but I dont know the legality of "stealing" a name from a place (out of state). Ie, if I wanted to name it the Stardust, or Peppermill, what is the legality of that? I know when you file the LLC (a diff name from the restaurant) they make sure you arent naming it the same as another person, but what about the actual place? also, any suggestions for a retro 50s/60s name would be cool, free drink if I pick yours and you come in.....

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I don't think there are any real serious issues. If they have it copyrighted I'm sure they could come after you, but while googling I noticed several small businesses with the same name in different states. Probably not an issue at all unless you wanna name it "Google Bar" or something like that. I'm a big fan of the kinda random one word names that nothing to do with what the place is about. Maybe give up some thoughts on what you want the place to be like and then come up with a name to help emphasize the experience you want to convey?

[Tupacia]

*This is not legal advice*

The problems you will have with "stealing" a name are directly proportional to a few factors:

1. The Size Of The Company You're Stealing From: Big companies have deeper pockets than smaller ones, and are constantly on the prowl looking for possible imitators. Even though "John's Bar" may be a common name for instance, there's no one dominant player in the industry that that name denotes.

2. The Similarity Of The Two Businesses: If you're opening a bar that has the same name as an out-of-state auto body repair shop, it will be tough for them to prove damages as your two businesses are confusingly similar. If, however, you're stealing a name from someone in the restaurant or hospitality industry, it becomes a much bigger deal.

These sort of issues (assuming you're not blatantly ripping off some other place) usually only become a big deal once you have multiple bars and have built up a solid busines/brand name. If/once you get to that stage though, it can really bite you in the ass if you're not careful.

[Thremp]

[ QUOTE ]
*This is not legal advice*

The problems you will have with "stealing" a name are directly proportional to a few factors:

1. The Size Of The Company You're Stealing From: Big companies have deeper pockets than smaller ones, and are constantly on the prowl looking for possible imitators. Even though "John's Bar" may be a common name for instance, there's no one dominant player in the industry that that name denotes.

2. The Similarity Of The Two Businesses: If you're opening a bar that has the same name as an out-of-state auto body repair shop, it will be tough for them to prove damages as your two businesses are confusingly similar. If, however, you're stealing a name from someone in the restaurant or hospitality industry, it becomes a much bigger deal.

These sort of issues (assuming you're not blatantly ripping off some other place) usually only become a big deal once you have multiple bars and have built up a solid busines/brand name. If/once you get to that stage though, it can really bite you in the ass if you're not careful.

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This is really really good. And what I wish I could put from vague notions in my mind into words.

[guids]

I spoke to my lawyer and he basically said the same thing, it can bite you in the ass, but its not likely too. the couple of names I had in mind though are fairly common in the industry, although there is no one in the city we are opening up that have the name, just other states.

[howdydudey]

Good Luck, let us know how it goes.

Edit: where is the bar going to be located?

[spider]

I love places with "lounge" in the name. Put the street name in front and you have something that sounds cool and can't get you in legal trouble -- like 18th Street Lounge. Or just some number, maybe from street address or zip, Lounge 134.

[James282]

Free Beer is an awesome name!

James

[guids]

we just got the proposal back for the lease today, and made a counter proposal, so nothing is official yet, but its looking good. Once I sign the actual lease, if my life isnt over, and I can find some time to post on here again, ill fill you guys in on the details.

[slickpoppa]

Depending on what state you're in, you may have to register your DBA (doing business as) name at the state or county level. At that point they'll tell you whether anyone else is using that name and whether or not you can use it.