Can I sue this guy?

[zeitgeist057]

Whoops I voted yes for 'Is this even legal for him to do?" but the answer is "NO" you cannot sue him.

You don't have a trademark on the name because you put it in a game. He might not have a trademark on it, either. I have a trademarked name and logo, but someone else can still use my company name if they can show that their company is very different from mine and not in competition.

For example, if I have a car repair service called "McNab's Auto Repair", I can trademark it (costs about $500 and takes about 8 months). But someone else could still open a "McNab's Ice Cream Parlor", or start selling "McNab's Miracle Aftershave". since the things are so different.

Now, if you mess with a big company that's another story because they can show that you are glomming onto their good name to increase your sales and exposure. Like you can't open a "Walt Disney Car Repair" or a "Coca Cola Miracle Aftershave" company.

There are also names that can be protected due to their uniqueness. A name like "McNab" is common and cannot be claimed exclusively (unless of course you get as famous as McDonald's, but even McDonald's could probably be used because it is so common). But if your company name is "Urdnuts 805", it's so unique it's more easily protected from potential thieves.

If you want more info, I would encourage you to visit the US Patent Office website.

[OlderAndWiser]

Did you take any action to claim a trademark for the name?

[jshm2]

Yes. It's legal as you didn't register or copyright the name.

[Lynx122]

You don't own the name if you just talked about it.

[wankiam]

you can't sue him as he registered it as a real business name before you

[Luvme66]

If you haven't copy rightted that name... I don't think you sue him

[Wise4myage]

No, think of a new name, but keep it private.