guitar co domain - your opinion

patticake · #1 07-12-2010, 12:22 AM

this isn't a legal question but one of personal opinion - yours!

a while ago, arie and i decided we might someday want to making and sell guitars. with that in mind, we did weeks of brainstorming, some searching and came up with alchemyguitars.com (there's no site there yet, btw). we loved the name, bought the domain, came up with a logo and other stuff, and were very excited. it seemed to suit us. some time later, we discovered via threads here that company called alchemy acoustic labs.

my first feeling - the name was too close, but we really love the name alchemy guitars. arie's first feeling - alchemy acoustic labs isn't a guitar company nor do they make or sell instruments as far as we know.

my other concern was that people we know here and elsewhere might either A) feel that we ripped off the name from alchemy acoustic labs or B) get us mixed up with alchemy acoustic labs.

so here we are trying to figure out another name, but we really really loved the original. so i'm not asking a legal opinion - we'll go to our lawyer for that. i AM asking you for your opinion or gut feeling about whether you think we are okay to go with alchemyguitars or should go with a different name. am i paranoid or might people think less of us for using the name - or something entirely else?

thoughts?

Dogsnax · #2 07-12-2010, 02:36 AM

Patti:

I just went through the same "domain" name process for a fitness blog I'm developing and it's difficult to find something appropriate and unique.

When I first read the name Alchemy Acoustic Labs last year, my first thought was "Acoustic Alchemy", the smooth jazz band. Loved 'em during the early years when Nick Webb was still alive. The word alchemy will always conjure thoughts of "Dust and Spanish Lace" and not so much an association with Acoustic Alchemy Labs. Funny how the individual thought process works!

Fred

gary0319 · #3 07-12-2010, 05:14 AM

A simple Google search for "alchemy" came up with several domains with alchemy as the main "character" including some for yarns for knitting, a nite club, and more.

I'd keep your name, if you like it. It appears that others are sharing the word as well.

If you are in doubt, you can secure the services of a lawyer versed in such matters.

Good luck on your venture,

Gary

fatt-dad · #4 07-12-2010, 05:46 AM

If you don't have money, you'll not likely be sued. You are thinking of building guitars, eh?

f-d

devellis · #5 07-12-2010, 08:18 AM

Quote:

Originally Posted by fatt-dad

If you don't have money, you'll not likely be sued.

f-d

Not necessarily true. As I understand it, companies that have not previously defended a trademark or patent may have difficulty doing so in the future. So, to prevent someone who might pose a threat downstream from infringing, they'll often go after little guys. There was a little bookshop here in town that served coffee and cookies and called itself the Hardback Cafe. Well suddenly the Hardrock Cafe was all over them. Their goal wasn't to get money from the owners of the bookstore but to make certain that their brand name was protected so that some bigger outfit couldn't claim that they had relinquished any claim to slight variations of their trademark and thus, that such variations were fair game. As I understand it, the suit was very intimidating and the bookstore changed their name in a heartbeat.

BigRed51 · #6 07-12-2010, 08:34 AM

From a business/marketing perspective, my opinion is that there would not be any conflict with another company in a non-related field. I cannot imagine anyone not buying a guitar because of the name. I truly believe the perspective buyer's focus would be on the quality of the product and the value it presented ... and in the case of built-to-order guitars, the appearance is a huge piece of the pie.

BUT, it is crucial for companies to protect their name and trademarks whenever and wherever their legal folks deem necessary, and it has nothing to do with the size of the company they feel is infringing. (Even though there would be considerable howling about them picking on the little guys) If they do not protect in every instance, they set a precedent that would effect any future infringements.

Another consideration which could be more applicable would be Dean Markley, who manufacture Alchemy guitar strings ... that could be considered a much more applicable conflict ... so don't forget to run that one by your attorney as well.

Good luck in pursuing your dream!

Kent Chasson · #7 07-12-2010, 08:45 AM

When I was building my first guitar on my own, I was working late one night and there was an eclipse of the moon. I got the idea to call my business Eclipse guitars. Built-in logo too. Eventually it became clear that building was a very personal endeavor. You can't help but pour a lot of yourself into your work. So I settled on using my name as a way to acknowledge that.

Something to consider anyway, whether you want to be thought of as a "business" or as a person/artisan.

Marley · #8 07-12-2010, 08:47 AM

Quote:

Originally Posted by Kent Chasson

When I was building my first guitar on my own, I was working late one night and there was an eclipse of the moon. I got the idea to call my business Eclipse guitars. Built-in logo too. Eventually it became clear that building was a very personal endeavor. You can't help but pour a lot of yourself into your work. So I settled on using my name as a way to acknowledge that.

Something to consider anyway, whether you want to be thought of as a "business" or as a person/artisan.

I have always preferred the builders name over a made-up name.

chitz · #9 07-12-2010, 10:06 AM

Keep your name... It is yours, and I like it!

Glennwillow · #10 07-12-2010, 10:15 AM

One approach your lawyer can use is to ask Alchemy Acoustic Lab if they would object to your choice of name, particularly if Alchemy Acoustic Lab has trademarked their name. If they object, and they might, then you're better off trying a different name. If they don't, then they are on record as being OK with your name, and then you should be OK. I have been through this, and we ended up having to choose a different name.

When it comes to trademark issues, some companies are very aggressive and some companies more reasonable. It's best to find out early to minimize your legal expenses and loss of name later.

Regards, Glenn

ronmac · #11 07-12-2010, 11:06 AM

Laws vary depending on territory, and it is always good to get good, local legal advise.

Have you registered your business name and trademark with the appropriate (state, provincial, federal) agencies?

Ted @ LA Guitar Sales · #12 07-12-2010, 11:43 AM

Patti, use the name as you like. I own many .com names and no one can take them away from me. I know this because I have the best attorneys in Beverly Hills advising me. The actual business name is a bit more tricky but in this case there is no other Alchemy Guitars so you are good to go. You might want to invest in a business license asap if you are serious about this.

As for what people might think of you using the name alchemy, don't worry about it, you have as much right to use it as anyone else. Just think of all the other names business are using like AAA, First Quality, Surefire, and even LA.

Call me if you need any help with this project.

EverythingMusic · #13 07-12-2010, 12:28 PM

I wouldn't worry about it. They don't build guitars, which is specifically in your name. There would be little chance of someone mistaking your product for one of theirs and likely the logos aren't even similar. If you are very concerned about it, talk to an attorney specializing in trademarks.

mjudd · #14 07-12-2010, 12:49 PM

A quick google search shows: Alchemy Restaurant, Alchemy Mindwords Graphics, Alchemy Cymbals, Alchemy Restaurant and Tavern, a number of computer games named Alchemy, Alchemy software, etc....

Since your products do not compete directly with their products, my gut says you are on safe ground. (Still talk to a lawyer).

It would be different if you were using a well known, well established and unique name... for instance: Exxon Guitars. I think you'd be in trouble for that.

Still, if you wanted to be REALLY sure (after getting the okay from your lawyer), write a letter to the company explaining what you're doing and see what kind of response you get. You could still potentially be sued, even if you are on solid ground, legally.

If you wanted to really RISK it, go ahead and start using the name and take the chance they won't find out. If you become "established" with that name, after a number of years, the burden would be on them to prove that you had intentionally capitalized off of their brand.

patticake · #15 07-12-2010, 12:54 PM

thanks for your responses, all.

if we consider alchemy guitars, we are going to go to a lawyer - of course - and i wasn't worried about having the domain taken, but i was hoping for personal views on this - particularly negative ones. my husband hates his last name or we'd use it.

actually after reading him these responses, he's considering using our last name - what do ya think? Spranza Guitars?