If you owned a diner chain called Danny's could Denny's sue you?

13 Answers

Relevance
  • A.J.
    Lv 7
    9 months ago
    Favourite answer

    Only if there are apparent similarities that a typical person would view as confusing the two. If purposeful, a judge or jury could award a cash judgement. Usually the one who started second would negotiate a settlement.

    For example, if Danny's sign used a Denny's signage similarity it is definitely illegal. Copying any trademarked naming is also illegal. Danny's must not confuse the public in any way that they are associated with or meant to be like Denny's enough to mistake one for the other for an average person.

    For example, using a sign like this is an easy case and Danny's would not stand a chance in court. It doesn't have to be this obvious either. Danny's can be a diner chain, but not appear like Denny's.

    Attachment image
    • Commenter avatarLog in to reply to the answers
  • 9 months ago

    Depends upon who was using the name first, how the locations compare, and whether other aspects of the names would create a "likelihood of confusion", or appear to be coat-tailing on the existing rights of the owners of the earlier brand. Even if you start using a brand that is a registered trademark, they would still have to prove "likelihood of confusion", assuming they can even prove the dispute is "ripe" and not just preemptive.

    • Commenter avatarLog in to reply to the answers
  • 9 months ago

    If it can be mistaken as Denny's.

    • Commenter avatarLog in to reply to the answers
  • 9 months ago

    You wouldn't be CAPABLE of having a chain because the FIRST location would get you sued.

    • Commenter avatarLog in to reply to the answers
  • What do you think of the answers? You can sign in to give your opinion on the answer.
  • Anonymous
    9 months ago

    I know there is a lot of people that use names similar to the big chains and I don't get sued unless they copy the exact colors. and names of the food. You are free to make parody names.

    • Commenter avatarLog in to reply to the answers
  • PAMELA
    Lv 7
    9 months ago

    No, there are millions of dannys, it is just a name.

    • Commenter avatarLog in to reply to the answers
  • 9 months ago

    In a heartbeat.

    • Commenter avatarLog in to reply to the answers
  • 9 months ago

    Maybe because Denny's used to be Danny's a long time ago

    • Commenter avatarLog in to reply to the answers
  • Anonymous
    9 months ago

    They won't sue you. Most of these big companies send you a cease and desist order.

    Now you have a choice, either go fight this in court, where you might end up bankrupt because the large company will drag it on and they have more money then you do to keep this going, or change the name.

    This has happened to a lot of places who's names are slightly similar or contain a word from one of these huge chains/corporations.

    • Commenter avatarLog in to reply to the answers
  • 9 months ago

    it depends on other factors

    • Commenter avatarLog in to reply to the answers
Still have questions? Get answers by asking now.