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Is this an infringement issue?
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Is this an infringement issue?

I am just starting up a small business in face painting (getting licensing, insurance...yadda yadda...) I have been doing this for over 10 years as a hobby and casually had been using a "business name" to call myself when I set up at local festivals.
Now that I'm making my business official, I just filed this name as my fictitious business name with my county here in California and they told me it was available to use. After looking up online...there is another face painter in Utah who uses the exact same name. I have asked different resources and get different answers...some say it's OK because they are not federally trademarked and that it's in a different state and some say I could get sued for common law infringement.
Does anyone out there really know and give me advice about this situation? I appreciate it tons! Thanks!
Additional Details
Considering there are a million "ABC Animal Hospitals" across the country...to me it seems like fictitious or DBA names aren't a big deal?


    




MisterB206
Rating
The ones that told you you could be sued are incorrect.

If they do not have a US Trade/Servicemark for the name set up, they could only claim rights to the territory they immediately operate in and would have to prove the date the began using the name; in this case, they could only sue you if you started that business name in UT.





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