When a Business Name Becomes a Business Problem

For years, one of the biggest names in professional wrestling was known by three letters: WWF. Then, in 2002, those letters changed. Following a legal dispute with the World Wide Fund for Nature, World Wrestling Federation Entertainment announced that it would become World Wrestling Entertainment, or WWE. The change meant more than dropping a letter. A new logo followed, and the company had to transition its branding across its business. (See https://corporate.wwe.com/about/news/2002/05-06-2002?utm_source=chatgpt.com)

For a global entertainment company, a name change is a major undertaking. But the underlying lesson applies just as much to a business choosing its first name: a brand can become extraordinarily valuable, which makes it worth investigating trademark issues before investing heavily in it.

Forming an LLC or corporation does not necessarily mean a business has secured trademark rights in its name. Neither does purchasing the domain name or claiming the social media handles.

Trademark rights present a separate question. And waiting to ask that question can be costly. Imagine building a website, printing packaging, ordering signs, advertising the business, and developing a customer following, only to learn that an existing trademark may stand in the way of continuing to use the name. That is why trademark planning should often happen before the brand becomes valuable, not after.

A trademark search is also more complicated than typing a proposed name into Google or looking for an identical result in a trademark database. Trademark issues can arise between marks that are not identical, and the analysis can depend on the similarity of the marks, the goods or services involved, and other circumstances. The goal is not simply to find a name that is available as an LLC or a .com. It is to build a brand that the business can actually use, grow, and protect.

WWE had the resources to undertake a global rebrand. Most businesses would rather avoid having to make one.

Before you build a business around a name, make sure the name is ready for the business you intend to build.

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.