Trade name law gives a business the right to act against another company using a similar name with only minor differences. It’s not just about whether the names look or sound alike — the location and the nature of the businesses also matter. These rights are much narrower than those under a trademark registration.
This summer in Amersfoort, two hospitality businesses faced each other in court. The plaintiff has been running Charlie’s, a hamburger restaurant in the city center, since 2011. In 2021, it expanded with a take away and delivery service on an industrial estate.
Meanwhile, two brothers opened a coffee and lunch bar in a shopping center in the northern part of Amersfoort. Their place is called Charleys, named after their dog. Shoppers can drop by for a sandwich and a cup of coffee.
According to the burger joint, this constitutes an infringement of its trade name rights. The names Charlie’s and Charleys are similar, both businesses are in the hospitality sector, and both operate in Amersfoort.
The brothers disagree. They point out that their logo is different — and so are their activities and customer base: a daytime crowd shopping for lunch versus late night diners grabbing a burger.
Who’s right here? Should lunchroom Charleys change its name — or can both names coexist peacefully in Amersfoort
