Using same name as another business?

Question

I am starting a photography business and wanted to name it using my first and last name, followed by "photography". The problem is, there is another photographer out there with the same name (and business name). We are located on opposites coasts and I have checked with US patents & trademarks and the Secretary of State and found that the name is available for use. So this is not really a question of legality, but of practicality.

Since this other photographer already has social media attached to the name, I am worried that my sites would be harder to find, and might confuse people. But I also know that many photographers operate under the same name successfully. I do not want to go by anything other than my name (nothing kitschy or cutesy) so my other option would be doing something like "photography by...", but I think it sounds less like a business and more like a portfolio of work. I also should mention that the other photographer has let her websites lapse. She still has an instagram presence, but her two main websites have not been running for months, so she might not even be continuing her practice. I cannot contact her, because her sites are down and her instagram does not list her info. I guess I am just looking for some opinions: just go ahead with the same name, or modify it slightly to avoid internet confusion.

Nuff Sed · Answer

The fact someone else is already using the name actually raises a question of legality for anyone else wanting to use the name or similar name.

Trademark rights in the USA arise from usage, not just from registration.

You could easily contact the existing owner and obtain "consent" in the form of a "concurrent use agreement".  That way, if they're THINKING about expanding their market (e.g., online sales), they won't be "surprised" when they come across your business, or if you ever decide to file for federal registration of your trademark.

You can always contact the registered owner of a domain name.

Or, given that you're in different markets and have no plans (to your knowledge) to expand or file a national registration, the "worst" that might happen is someone sends you a "cease and desist" letter, based upon their prior usage, you get legal counsel, and you decide whether it's worth fighting for.

? · Answer

Just add your middle initial or middle name, and then you should not have a problem.  You could also use you first 2 initials & last name, etc.

Best wishes

Steve P · Answer

Umm, this is not rocket science. As Joe stated, just the slightest of change is all you have to do. If you don't want to change your actual name, then use something like "Photographics" or "Photographer" instead of "Photography".

Using same name as another business?

3 Answers