Brooklyn restaurant ordered to change name in intellectual property dispute

When it comes to business, the name you choose for your company is likely to have a significant impact on the potential for its success. The company name is a critical element of branding and as such, business owners must be aware of the possible copyright and trademark implications that accompany choosing a business name. 

If a new business opens and selects a name that has already been taken by another company, there may be potential for a copyright or trademark lawsuit. The reason behind this is that if the industries and products are similar enough, the use of the same name for two different companies could possibly create confusion in the marketplace, and for consumers. 

A recent Reuters article reported the story of a copyright case that took place between a Brooklyn restaurant and a luxury jewelry company. According to the article, the restaurant, which was named Faberge, was sued by Fabergé, a jewelry company. Although one name used an accent in its spelling and the other did not, the restaurant Faberge was ordered by a court in Brooklyn to change its name and the look of the exterior of its building, in addition to paying $25,000.

Reuters details that in the lawsuit, Fabergé also claims that the restaurant copied its intellectual property because it also shared similarities in design to the company's store. The two companies sold different products, but it was determined that a violation had taken place anyway. 

With the help of the expert counsel from a Phoenix, AZ small business attorney, small business owners can prepare to mitigate the risks that come along with copyright infringement. Knowing about the legal rules and regulations of certain aspects of business helps companies to ensure their rights are protected. 

Categorised in: Intellectual Property Law

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