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What is and isn't acceptable to use in a new business name?

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  • scm123
    replied
    Yes, here's a list of other "Dark Star" things:

    Astronomy
    Dark star (Newtonian mechanics), a star that has a gravitational pull strong enough to trap light under Newtonian gravity
    Dark star (dark matter), a star heated by annihilation of dark matter particles within it
    Dark-energy star, an object composed of dark energy that outwardly resembles a black hole
    Film
    The Dark Star (1919 film), a lost 1919 silent film
    The Dark Star (1955 film), a 1955 West German drama film
    Dark Star (film), a 1974 science fiction comedy film directed by John Carpenter
    Dark Star, a 1978 film distributed by David Grant
    Dark Star: H. R. Giger's World, a 2014 Swiss documentary
    Comics
    Darkstar (Marvel Comics), a Marvel Comics superhero
    Darkstars, a DC Comics superhero team
    Darkstar Comics, a fictional comic book company in the TV series Spaced
    Dark Star, an issue of the comics series The Transformers
    Other
    Dark Star, a 1929 novel by Lorna Moon
    Dark Star, a novelization of the 1974 film, by Alan Dean Foster
    Dark Star: The Roy Orbison Story, a 1990 book by Ellis Amburn
    Dark Star, a 1991 Night Soldiers novel by Alan Furst
    Darkstar, a villain in the animation series Ben 10 (2005)
    Darkstar, a 2011 novella by Christopher R. Howard
    Performers
    Dark Star (band), an English psychedelic rock band, 1998–2001
    Darkstar (band), an English electronic duo, formed 2007
    Dark Star Orchestra, a Grateful Dead tribute band
    Darkstar, a progressive metal band co-founded by Dan Rock of Psychotic Waltz
    Albums
    Dark Star (soundtrack), by John Carpenter, 1980
    Dark Star, by Deine Lakaien, 1991
    Dark Star, by The Supernaturals, 1993
    Dark Star: The Music of the Grateful Dead, by the David Murray Octet, 1996
    The Dark Star, by Volsoc, 2004
    Dark Star (album), by the Grateful Dead and featuring their song "Dark Star", 2012
    Dark Star, by Jaymes Young, 2013
    Songs
    "Dark Star" (song), by the Grateful Dead
    "Dark Star", by Beck from The Information
    "Dark Star", by Cinema Bizarre from ToyZ
    "Dark Star", by Crosby, Stills & Nash from CSN
    "Dark Star", by Delerium from Faces, Forms & Illusions
    "Dark Star", by Hypnogaja from Truth Decay
    "Dark Star", by I Am Kloot from Natural History
    "Dark Star", by Jackal & Hyde
    "Dark Star", by Mike Oldfield from Tubular Bells II
    "Dark Star", by Poliça from Give You the Ghost
    "Dark Star", by Tarja Turunen from What Lies Beneath
    "Dark Star", by Jaymes Young from his album of the same name
    Video games
    DarkStar One, a 2006 video game
    Darkstar: The Interactive Movie, a 2010 video game
    Dark Star (No More Heroes), a character in the video game No More Heroes
    Dark Star, a malevolent artifact in the video game Mario & Luigi: Bowser's Inside Story
    Dark Star, a 3D space shoot 'em up for the ZX Spectrum written by Simon Brattel for Design
    Design Software
    Darkstar, special weapon in a Sci-Fi MMOFPS PlanetSide 2
    Technology
    Lockheed Martin RQ-3 DarkStar, an unmanned aerial vehicle
    Project Darkstar, a framework for creating massively multiplayer online games
    Tesla Roadster (2008), codenamed DarkStar, an electric sports car
    Other uses
    Dark Star Brewery, West Sussex, England
    Dark Star (cave), a cave system in Uzbekistan
    Dark Star (horse), an American Thoroughbred racehorse

    But just typing things into google and guessing, or hoping for the best, or saying "well everyone else is doing it", isn't really a good way to do something that may have big implications (getting sued) if I guess wrong.

    The point of coming to a legal forum was to legal advice, even if it's just a laymans explanation of what is generally ok and not ok.

    Leave a comment:


  • jaguarsuk
    replied
    I'd suggest you type Dark Star into google and see what the suggested searches are though as you're not the first to choose that name.

    The film cost $60K to make, so I'd be surprised if Bryanston (https://en.wikipedia.org/wiki/Bryans...buting_Company) who are the rights owner would try to pursue some sort of name infringement especially with others already using the name with quite some success.

    Interestingly it was a John Carpenter movie, I'm a big fan of the Halloween films.

    Leave a comment:


  • scm123
    replied
    Originally posted by charitynjw View Post
    The main point is, are you trading using a name (or similar name) of an existing firm to your advantage?
    No, but it's not other company names I'm worried about, it's other Intellectual Property - such as names, phrases, quotes, characters etc from movies/books/songs etc.

    Leave a comment:


  • charitynjw
    replied
    Originally posted by scm123 View Post

    Well if you tried to register the name "Marvel Comics Ltd" and companies house approved it, it doesn't mean they ran it past a panel of lawyers who approved the name for worldwide usage in any circumstances, it just means that you haven't broken any of their naming rules.

    So if Marvel Comics objected to your Ltd Co name, and decided to sue you, then just saying "oh well, companies house approved it so I though it would be ok, because I'm not an expert" isn't going to help you. "Ignorance of the law is no defence" and all that...
    Yep, totally see that.
    But there are only so many words, names etc in the English language.
    The main point is, are you trading using a name (or similar name) of an existing firm to your advantage? (ie piggybacking on an existing name for profit, etc.)

    Another example
    https://uk.reuters.com/article/us-mc...-idUKKCN1P92JA

    Leave a comment:


  • scm123
    replied
    Originally posted by charitynjw View Post
    Err.....me getting sued! (Sorry about hijacking)
    Well if you tried to register the name "Marvel Comics Ltd" and companies house approved it, it doesn't mean they ran it past a panel of lawyers who approved the name for worldwide usage in any circumstances, it just means that you haven't broken any of their naming rules.

    So if Marvel Comics objected to your Ltd Co name, and decided to sue you, then just saying "oh well, companies house approved it so I though it would be ok, because I'm not an expert" isn't going to help you. "Ignorance of the law is no defence" and all that...

    Leave a comment:


  • charitynjw
    replied
    Err.....me getting sued! (Sorry about hijacking)

    Leave a comment:


  • scm123
    replied
    Originally posted by charitynjw View Post
    Care to expand on that?
    On which bit? You getting sued or people making me doubt that my existing name is ok?

    Leave a comment:


  • charitynjw
    replied
    Originally posted by scm123 View Post
    ok, I'm not an expert either, but I know if someone sues you, that defence is going to get you nowhere!

    I went with my existing company name because I thought "it will probably be ok", but a few people have made me doubt that, so I'm hoping someone who's familiar with the law can explain how things work.
    Care to expand on that?
    I'm not being antagonistic, just genuinely interested (& perhaps a little startled?)

    Leave a comment:


  • scm123
    replied
    Originally posted by charitynjw View Post
    So if anyone challenges, I'll just say that Co House approved it....what do I know, I'm not the expert, already!
    ok, I'm not an expert either, but I know if someone sues you, that defence is going to get you nowhere!

    I went with my existing company name because I thought "it will probably be ok", but a few people have made me doubt that, so I'm hoping someone who's familiar with the law can explain how things work.

    Leave a comment:


  • charitynjw
    replied
    Hi

    I can only go by my own experience.
    I was wanting to use a company name, but my preferred name was already in use.
    I changed it slightly (Just put [preferred name] (added a bit) & it was accepted no probs.
    So if anyone challenges, I'll just say that Co House approved it....what do I know, I'm not the expert, already!

    Leave a comment:


  • scm123
    replied
    HI, thanks for the link. To clarify my rambling original post I was talking more of the domain name and trading name, rather than Ltd Co name - although I recognise that the advice given there would apply to those too. But that seems very simplistic (don't use the same company name as someone else or is confusingly similar).

    But in my case I'm thinking more along the lines of IP from movies - so move names, characters, phases etc. So I recognise I'd be on shaky ground if I called my website "Livelongandprosper.com" or "maytheforcebewithyou.com" to use your example.

    So it's just case of understanding what I can and can't do?

    In my example in the OP I was given a suggestion (which wasn't great, but the best of a bad bunch), but a quick google shows it had been used before. So does that prevent me from using it again, or only if I'm using it in an "abusive" way? ie, as long as I'm not trying to associate myself with the film, or trying to confuse people into thinking I'm connected to the film, or make money off the film or anything like that - am I ok to use the same or similar name for my business?

    Leave a comment:


  • charitynjw
    replied
    Hi & welcome to LB

    Attached link is some guidance from Companies House.

    https://www.gov.uk/limited-company-f...e-company-name

    I've consulted the Oracle, & apparently it would be most propitious for you to register in a few days time.

    (May the 4th be with you?)

    Leave a comment:

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