Off topic advice required

[hereticspl]

Hi all um users I was just going to throw this out there and see if theres anyone on the forum familiar with trademark law particularly in queensland Australia. The situation is I have recently registered my business called valhalla martial arts and received an email today from a powerlifting gym called valhalla strength threatening legal action if I dont cease operating under my business name. Today is my opening day and I'm allready nervous enough now this has made me very angry. Does anyone have any advice everyone is welcome to post.

[Piney]

26 minutes ago, hereticspl said:

Hi all um users I was just going to throw this out there and see if theres anyone on the forum familiar with trademark law particularly in queensland Australia. The situation is I have recently registered my business called valhalla martial arts and received an email today from a powerlifting gym called valhalla strength threatening legal action if I dont cease operating under my business name. Today is my opening day and I'm allready nervous enough now this has made me very angry. Does anyone have any advice everyone is welcome to post.

I would think if you have 'Martial Arts" in the name and they have "Strength", they can't do ****. 

[ChrLzs]

While I live in Qld... I am not a lawyer, and only slightly familiar with trademark/copyright law.  However, I do have a bit of (historical) knowledge of business and company names - I used to be one of those folks who made the preliminary checks on business and company name availability, in SA when I worked for the then 'Registrar of Companies' (now ASIC) way back in the 80's!...

Back then in general terms... only one person (that being the first to register it) can use a distinctive name (eg the 'Valhalla' part) in a given region for any given 'type' of business.  So I think I'm going to disagree with Piney on this one (doesn't happen often..!), although it does depend on the nature of your business versus theirs.

To use a more obvious example you couldn't register/use Valhalla Flower Arranging, if a Valhalla Florist already existed 'nearby'.  But if they were in different businesses altogether, eg you wanted Valhalla Flower Arranging when only Valhalla Steelworks already existed, then you'd be OK..

Problem is that the definitions for being 'too nearby' in a state or region, and also 'too close' in terms of type of business - are a bit vague, especially if either business may be likely to grow, create franchises, etc...  And it has likely changed now what with the Interwebz...

I'd say you're probably going to have an uphill battle given the nearness of your type of business, so unless you can make a case that you have used this name elsewhere for a much longer time, and/or that there is little chance of someone mistaking the 2 businesses and your type of business is nothing like a Gym...

Like I said, that isn't legal advice - but you're going to need an IP (Intellectual Property) expert to help you, and if I was you ... be prepared to lose this one.  Don't get angry - or if you do, some of that should be directed at yourself - did you not check thoroughly first?

Interestingly enough, back when I was checking names, I would have rejected your name given that other one existed (although the final decision was not mine, I just gave recommendations).

I'm a little surprised that ASIC let it through - they may have relaxed the rules a bit, to put the onus back on you...

 

Added - to put a little more context on this - think about it from the other mob's point of view.  It seems to me to be pretty reasonable and obvious that a business involving powerlifting/strength training and a gym, would likely want to offer related services like martial arts training.  If they did, then there could/would be confusion about who was who.. 

Edited June 24, 2019 by ChrLzs
Added stuff

[Piney]

34 minutes ago, ChrLzs said:

So I think I'm going to disagree with Piney on this one (doesn't happen often..!)

  No it doesn't! 

I'm going by New Jersey. I was called Magnolia Farms and a Magnolia Florist tried to come after me. I was horses. They were flowers and couldn't do anything. 

 

[ChrLzs]

14 minutes ago, Piney said:

  No it doesn't! 

I'm going by New Jersey. I was called Magnolia Farms and a Magnolia Florist tried to come after me. I was horses. They were flowers and couldn't do anything.

You should've seen the opportunity for amalgamation!
from https://floranext.com/flowers-animals-photos/

 

[Piney]

2 minutes ago, ChrLzs said:

You should've seen the opportunity for amalgamation!

I hate peonies........

[Grim Reaper 6]

1 hour ago, hereticspl said:

Hi all um users I was just going to throw this out there and see if theres anyone on the forum familiar with trademark law particularly in queensland Australia. The situation is I have recently registered my business called valhalla martial arts and received an email today from a powerlifting gym called valhalla strength threatening legal action if I dont cease operating under my business name. Today is my opening day and I'm allready nervous enough now this has made me very angry. Does anyone have any advice everyone is welcome to post.

The wise thing to do is to contact lawyer who works with trademark law, I don't think this is the place to find the answers your looking for. Trademark law from country to country can be different.

Good luck , I hope you find the solution to this problem.

[toast]

3 hours ago, hereticspl said:

Hi all um users I was just going to throw this out there and see if theres anyone on the forum familiar with trademark law particularly in queensland Australia. The situation is I have recently registered my business called valhalla martial arts and received an email today from a powerlifting gym called valhalla strength threatening legal action if I dont cease operating under my business name. Today is my opening day and I'm allready nervous enough now this has made me very angry. Does anyone have any advice everyone is welcome to post.

As I performed a trademark registration process last year, I think I can provide you with some input. I did it here in Germany in assistance with a law firm for trademark rights, but I think, as trademark laws are subject intercontinental trade and bizz as well, it may help you a little.

I did a quick Google search and found that there at least 2 gym branches named Valhalla Strength in Australia. As you said you received an email from that company, and not a written document/letter from a law firm, I think there isnt a big threat to your company yet but you should have an eye on it. Its my opinion that the gym fellows just gave it a try and that they dont have a clue about trademark rights. And, the most important questions are: is their company name registered already? Is there a conflict of interests because of similar company logos (Thor`s hammer?)

Their company name is Valhalla Strength and your company name is Valhalla Martial Arts and both company names are a combination of terms/words. Point is, the term "Valhalla" cannot get registered/trademarked because its a common word/term, like apple. Apple Inc. has no exclusive rights on the term/word Apple but on the logo and associated product names like Apple iPhone. Thus, I dont see a conflict of interests with your company name.

My recommendations are: 1.) respond to the email, asking for the registration number of their brand, 2.) get in contact with your local Chamber of Commerce to get deeper information on trademark laws, and the how-to-obtain, for small money. 3.) register your brand when possible (money)

PS: we paid for our company brand name registration a fee of roughly 2000€/3280AUD all-in, like lawyer service and registration and our name is protected in all European countries. BTW: there is a company in Florida with the very same name, but they had a registration for the  US only, so no problem.

 

 

 

 

[hereticspl]

So I've heard back from a friend who is an amazing lawyer and she has advised either a:ignoring them until I get official correspondence from they're lawyers wich is unlikely because they used very passive language in the email and dont seem to be committed to having to spend the money on litigation or just rebranding. I have decided to go with a mix of both options. I'm going to ignore them but at the same time I will start exploring options with renaming my business so my question is this, does anyone have any suggestions for a new name for my martial arts business?

[ChrLzs]

'Valkyrie Martial Arts' looks free of competitors, and is in keeping with the Norse mythology theme..