Anonymous
Anonymous asked in Dining OutOther - Dining Out · 2 months ago

If my name is Wendy, am I allowed to open a diner, and call it "Wendy's Diner"?

And if not why?

Why can sam and Dave and Mike do it but not Wendy?

14 Answers

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  • 3 weeks ago

    You can as long as the name hasn't been trademarked.

  • 1 month ago

    I am not a lawyer so my advice should be taken with a grain of salt.

    But:

    Yes, just don't use any of their trademark logo's or openly pretend to be like their franchises.

    For legal advice, talk to an attorney before opening your diner, you are unlikely to find a lawyer who will give legal advice here at no charge.

  • 1 month ago

    If you look at there sign out front. It is Wendy or the sign that has the r or is the trade mark. Not the name. So yes you can. Just don't seal there sign & put it in front of your place. 

  • 1 month ago

    If this is your REAL NAME, then you can. But make your logo different.

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  • Anonymous
    1 month ago

    As long as you don't infringe on anyone else's trademark, there should be no issues.  but if its already distinguishable like 'Wendy's' 'Nike' etc., you may need to tread carefully.  I would check it out first.

  • 2 months ago

    Sure you can use the name. But you'll get into trouble if you use any logo or font that even resembles Wendy's Hamburger joint. You cannot copyright or patent a name. You can protect the WAY the name is presented on the signs, but not the name itself. so if you have a sign it better not suggest in the slightest way the other Wendy's restaurant. 

    AND....you may have to request their permission to use the name by showing them that it will not be confusable with theirs. The Wendy's burger places are TRADEMARKED with the name, font, color and logo that associates with that name. As long as yours is not infringing in any way upon that trademark, you will be able to use it. A trademark is something that is associated with a single business or concern. You may not use part of the trademark that is distinctive, even if the name is DIFFERENT--for instance, you could not use the girl's picture, or the old-fashioned font or the size and color of Wendy's burger's logo even if you named your restaurant "Clive's".  If it looks too much like Wendy's you're risking legal action. 

  • 2 months ago

    yes you can but people might mistaken you for "Wendys" fast food and think they don't want a burger or chicken sandwich so I would go with something more unglue.  

  • F
    Lv 7
    2 months ago

    Doubtful. McDonalds will take you to court for opening a restaurant called McDonalds even if your name is McDonald and you open a Michelin level restaurant than could never in a million years be confused with a cheap burger joint.

    On the other hand , the burger van at our local market , got away with a very familiar looking M painted 6 ft tall on the side of his van.

  • 2 months ago

    As long as you don't infringe on anyone else's trademark, there should be no issues.  but if its already distinguishable like 'Wendy's' 'Nike' etc., you may need to tread carefully.  I would check it out first.

  • 2 months ago

    You can - as long as it's VERY clear you're not part of, or trying to impersonate, the existing chain.

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