Trademark, company names, infringement, etc.

There was a thread about a specific case about infringing on a company name, but apparently the Mods took it offline due to its sensitivity so quickly that by the time I typed up my response to the thread, it was gone.

The reason I am posting this now is that I was surprised--reading on that thread--how many people think that using other company's names or infringing on their intellectual properties are just minor disturbances. You could get into real trouble if you don't think you should stay away from infringement.

I thought I would post here some of the things I typed up for that thread. Of course, I won't refer to any specifics, but I think these should raise some alerts in people's minds who so far have thought that infringement is not real.

- If a company's name has been established and known in the public domain, they would have a strong case against an infringer EVEN if their name is not trademarked (would be stronger with a trademark, but still very real).

- If they can prove that you are knowingly using their name, they have an even stronger case.

- In fact, they would have a case against you even if the name you are using for your own business could be confusing with their name, even if it's not exactly the same name, but is similar either in writing or in sound. These are the reasons attorneys do nationwide and international searches of whether a name is available before they even file a trademark for you.

- If you are using a company's name without their permission (e.g. franchising, licensing, etc. would be exceptions), you are infringing ion their rights because you might use their name to either cause them harm, to steel their customers, to leverage their resources, advertising dollars, reputation, and anything else to deter business from them, or in many other ways. Even if you are not actively doing any of these, they have a case. That's the reason companies have the right to defend their names.

- If a company opened doors yesterday, and their name is not known yet in the public domain, and you started using the same name today, they wouldn't have a strong case against you, although they might still be in the right.

- If you infringe on someone else's intellectual right because they infringed on yet another company's intellectual rights, it doesn't justify your infringement (e.g. if Joe steels a bike from Steve, and Steve steels another bike from Joe, Steve is still a thief.).

These are only a few bits of intellectual property rights, but it's wise for anybody who does business to know the basics. Ask any patent attorney. They will confirm these.

Feel free to add other bits.