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I have a web app that is currently small but has predispositions to grow in the European market, however a similar company exists in the US market already for a long time.

We both have similar name.

Their company (just an example): BRAINHEART (upper case)

My company (just an example): simplyheart (lower case)

We both offer similar softwares and our target market is the same but my company is located in Europe and focused on European clients while the other company is located in the USA but they have European clients as well.

We both have different logos, fonts, just the part of the name HEART is in common. Will that be considered name conflict and can my company be sued for that?

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The basic rule is that if a normal person ordering from one company might reasonably think he was ordering from the other, the first company is illegally passing off its goods as belonging to the second. Using the name of your company is probably not in danger of this, but if, for example, your advertisements used the same typeface and colour (and case) as BRAINHEART, you would have difficulties.

You would certainly be wise to register some sort of Intellectual Property if you plan to expand in the crowded European software market; once you register a trademark or whatever, you can not only use it yourself but prevent other comapnies from using similar names or advertisements.

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Brainheart and Simpleheart are not similar.

There is a company in the USA with the exact same name as my company in the UK, excepted LLC vs. LTD. No problem at all.

  • I am not sure if "no problem at all" since Microsoft was sued for SkyDrive by British Sky Broadcasting Group – undefinedman Jul 6 '17 at 15:59
  • SkyDrive is not a company name, so that's a different question. And there were probably trademark issues, nothing to do with company name. – gnasher729 Jul 7 '17 at 17:03

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