The #1 Trademark Grave Mistake

What’s the scariest thing you can do with your business name? Skipping a trademark search. I see this nightmare all the time: a new business invests in branding, only to get a cease-and-desist letter because they unknowingly used a name that was already taken. They have to rebrand asap and maybe pay the other company damages. It’s a costly and terrifying mistake.

Here’s a Real-Life Example: In 2020, New Comic Company, LLC, filed a suit for, among other intellectual property violations, trademark infringement, against Richard Sala, who ran Warrant Publishing Company. Why? New Comic Company owned the trademark rights to the word “Creepy” in relation to horror magazines, having published such a magazine with that title for years. Sala started a horror magazine called “The Creeps.” Before either side lost all their money in litigation, they reached a settlement in which Sala had to rebrand the magazine to “Shudder” in the fall of 2021. I think THAT name is a problem, because there is a horror streaming channel named “Shudder,” and I think people could be confused about whether the two businesses are related. It doesn’t look like AMC felt the need to go after Warrant Publishing, though.  

A little foresight goes a long way, so, when a business owner comes to me with a great idea for a name, the first thing we do is figure out if the name they’ve chosen is a horrifying liability or a truly valuable asset. You don’t want to build your entire brand on a foundation that could crumble under the weight of a cease-and-desist letter. Do your due diligence and hire an experienced trademark attorney to help you protect your brand’s future.