Business Name Includes City. Is it too Similar? You be the judge.

[Sojournen]

I am beginning to move toward a new business name, and I found one that I liked that had an available domain. But in doing searches for this business name, I found a licensed business in the same state that has a similar name.  This individual does have an active business license.  But appears to not be doing much with it.  When I google the business name, nothing comes up.  Is my name too similar? Could this spell trouble down the road?  This is a retail business and I believe it would carry some of the same products.
You tell me?  Thanks!


My Company:  AnyCity Games

His Company:  AnyCity German Game Company

[JSonnabend]

The answer is: it depends.

On the one hand, assuming the senior party is using its mark and the goods are similar, then the names very well may be too close. 

On the other hand, if the consuming public in this particular instance is able to tell the difference between similar-but-not-identical marks (e.g., "Ralph Lauren" vs. "Betsy Lauren" in the fashion space), then the marks may be o.k.

On the other hand (yes, three hands), even if the marks conflict, if the senior party isn't using the mark and has no plans to resume use (assuming there ever was a use), then he has abandoned and isn't really the senior user.

Get the idea?

- Jeff