Publications & Presentations
April 5, 2012
How to Choose a Company or Brand Name

By Jeffrey Kass for Startup Denver, March 2012

Jeffrey Kass is a shareholder in the Denver and St. Louis offices of Polsinelli Shughart in the firm's Intellectual Property and Business Litigation practice groups. This article is the third in a five-part series of important legal questions for small business owners and entrepreneurs.

A client recently approached me about starting a new company. He wanted to select a name for his company as well as a domain for his new website. He checked his state’s Secretary of State website and the name for his company was available, so he registered his LLC using that name. He also said he checked GoDaddy.Com and the domain name he wanted to use was available, so he purchased the domain name.
It turns out, my client fell into the typical trap for most new companies: Secretaries of State and domain name registrars are not always good indicators of whether a company or brand name is available for use.