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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I'm a uk magazine publisher and I'm looking to launch a

Customer Question

Hi I'm a uk magazine publisher and I'm looking to launch a new magazine title called entrepreneur.
I note that there is a magazine already in existence by this name in the USA will I run into problems using this name?
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.
Hello my name is ***** ***** I will help you.Do they trade in the UK? Are you covering the same subjects please?
Customer: replied 7 months ago.
Hi no they don't trade in the UK as such and yes we would be covering a similar content.
Would adding UK to the title be acceptable its such a generic word for the title its the only one that is really usable.
Expert:  Ash replied 7 months ago.
Ok. Are you at risk - potentially. This is because that even though they dont trade in the UK you will be usng the same subject matter. The test a Court would apply is could a consumer of their magazine be confused with yours. If the answer is yes then potentially you are in breach of passing off.Therefore ideally you would want to get a Trademark on the name in the UK and make sure the logo and style is very different.Can I clarify anything for you about this today please?Alex
Expert:  Ash replied 7 months ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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